A Research On Labor Dispute Mediation System

Labor dispute mediation system is a very important system in our labor dispute resolution mechanism. The newly implemented labor dispute mediation and arbitration law made a certain change to the labor dispute mediation system, but there are still many shortcomings. Such as system designs do not reflect the"emphatically mediation"principle; enterprise labor dispute mediates committee lack of independence; labor dispute mediation agreement lack of law enforcing force; the government in labor dispute mediation mechanism do not play its proper role and so on. Analyze the shortage of existing labor dispute mediation system, refer to the ripe experience of foreign system, combined with China's actual conditions, improve the deficiencies of our labor dispute mediation system, which has the important practical significance for solving the growing labor disputes and maintaining the stability of labor relations and economic order.Removing the introduction and conclusion, this paper is divided into four parts. In the first part, this paper makes a brief introduction of labor dispute mediation system. The second part analyzes the labor dispute mediation system of our country, mainly through elaborating the progress and existing shortages of our labor dispute mediation system. The third part studies the foreign labor dispute mediation systems. Explore the superiority of their systems, and refine out six characteristics from them. In the forth part, on the basis of perfecting the foothold of labor dispute mediation system, puts forward the recommendations to improve the existing mediation system which are strengthening the independence of labor dispute mediation organization; strengthening the construction of regional labor dispute mediation mechanism; strengthening the construction of labor dispute adjuster team; solving the legal effect problem of mediation agreement and giving mediation agreement which can apply for an order of payment law enforcing force.