Study On The System Of Settlement Of Labor Disputes Of China

The system of settlement of labor disputes of China has gone through dozens of years of development, but the study on the system still lies in the very preliminary level. Viewed in theory or practice, the system of settlement of labor disputes is of extreme importance. However, the system of settlement of labor disputes of our country is far from playing the roles it should, for which the reason is mainly the existence of the problems of procedural regulations in addition to the imperfection of the regulations of the substantive laws of labor. In this paper, the methods of analysis and comparison are used for the defects of the system of settlement of labor disputes of our country itself, with the existing problems found and the suggestions for improvement presented. The paper is divided into four chapters. In Chapter 1, the introduction of the labor disputes of our country is made. Started from the analysis of the concept and characteristics of the labor disputes, concrete categories are given to the labor disputes and then the basic situation of the labor disputes of our country in recent years is analyzed. With the transition of our country from the planned economic system to the market economic system and the continuous deepening of the reform of the political and economic systems as well as entry of the World Trade Organization (WTO), great changes have happened to the labor relations, which are characterized as immature, complex and changeable. The number of the cases of labor disputes is obviously rising, the content of labor disputes is increasing trending to be complex and the difficulties of settlement are increased. And the legal construction of labor lags behind the speed of development of labor relations, which is represented in the imperfection of the current laws and regulations on labor, vacancy of legislation existing in some important fields of labor and inadaptability of some aspects of the promulgated laws and regulations on labor to the demand of the realistic development. Therefore, it is required that the current system of settlement of labor disputes should be reformed and the effective system of settlement of labor disputes should be established to resolve the labor disputes in time and coordinate as well as stabilize the labor relations. In Chapter 2, the systems of settlement of labor disputes of France, the US, Japan and Taiwan as well as Hongkong are introduced. Due to the differences existing in the politics, economy, human culture and legal systems of these countries or areas, the different modes of development occur to the methods of settlement of labor disputes. Their commonalities lie in that the complete and effective mechanisms of settlement of labor disputes are established to pursuit the coordinate and stable labor relations, the multiple mechanisms of settlement of labor disputes are built to make the intermediation, arbitration and proceeding relatively independent, the roles of the governmental departments in charge in the process of settlement of labor disputes are attached great importance to assure the national adjustment of the labor relations, which is favorable to protect the legitimate rights and benefits of laborers by the administrative measures. All the successful experiences and practices can be used for establishing and perfecting the system of settlement of labor disputes of our country for references. In Chapter 3, the problems existing in the current system of settlement of labor disputes of our country are analyzed, which are mainly represented in that the mediation committee of labor disputes of the enterprise cannot play the roles it should, the lack of the perfect regulations and systems of mediation and poor quality of the mediation member. Due its own contradictory status and the adherence to the enterprises, the trade union cannot give a full play to its role of mediation. The period of arbitration and examination of proceedings is too long, the procedure of settlement are repeated and the cost is too high, which is not favorable to safeguard the legitimated rights and benefits of the parties concerned in time and effectively. Serious problems exist in the organization and quality of members of the arbitral agency of labor disputes and it is difficult to make the arbitration in accordance with the law and set up the authority of the arbitral agency. All the regulations on the limitation of time of labor arbitration are not rational. The labor arbitration is regarded as the procedure preceding the labor proceedings and the arbitration and the proceeding are not connected, whichis not beneficial to the protection of the right of action of the parties concerned. Because the special procedural law on the proceedings of labor disputes is not established, the civil proceeding law is applicable to the proceedings of labor disputes, which is not favorable to realizing the tenets of the labor law protecting the legitimate rights and benefits of laborers. In Chapter 4, the assumptions on the reconstruction of the mechanism of settlement of labor disputes of our country are dealt with. The factors that should be taken into account in the reconstruction of the system of settlement of labor disputes are presented, which should be beneficial to the settlement of labor disputes in time and the saving of arbitral and judicial resources as well as consideration of unity of the arbitral systems of our country, which makes the arbitral system of labor close to the principles of the Arbitration Law, with the compulsory arbitration carried out only in the situation of some specific fields involving the public interests. The current one-track mode of "one intermediation, one arbitration and two examinations"of the settlement of labor disputes should be reformed as the double-track mode of "arbitration or examination"to improve the authority of arbitration of labor disputes, respect the freedom of the parties concerned and save the judicial resources as well as make the labor arbitration and labor proceedings realize the internal unity. The roles of intermediation should be emphasized and the system of intermediation should be standardized and regarded as the procedure preceding the arbitration and proceedings to avoid the overlapping of the procedure of settlement of labor disputes. The specialized development of labor proceedings should be promoted. In line with the realistic national situation of our country, the court of labor can be set up in the people's court as the agency of special judgment specific to exercising the right of judgment of labor disputes.