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Preview And Perfection To The Labor Disputes Settlement System Of China

Posted on:2007-07-22Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2166360185457687Subject:Law
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Labor dispute is reflection of conflicts between employees and the employers. Whether it can be solved properly will not only affect the protection of the parties but also refers to the stability of the relationship between employees and employers. With the changes of the economic environment, the system shows more and more defects. Therefore, it is necessary to reform and perfect it as soon as possible. In this article, the writer starting from the definition of the basic concepts, by comparing the legislative status of foreign countries and considering legal practice of our country, analyzes the defects of the system and put forwards some suggestion to perfect the system. This article is divided into four parts.In the first part, the writer expounds the definition, classification, and the organs and procedure to solve labor dispute. Although the have listed labor disputes, it can not contain all the labor disputes existing in the society. So it is necessary to define labor dispute firstly. As to what is labor dispute, learners have different opinions. The writer believes that labor dispute refer to the dispute on right and interests occurred between employees and employers on the basis of labor relationship. The classification of personal dispute and collective dispute, right dispute and interests dispute are very significant. Our country only differentiates personal dispute and collective dispute, but do not stipulate the differences of right dispute and interests dispute. As to the pattern of settling labor dispute, out country adopts single tack patter. That is to say arbitration must be placed before lawsuit.In the second part, the writer gives a brief introduction to the systems of settling labor dispute in Australia, Japan, America and France and discusses different characters in different countries. Australia has set up federal industrial relations committee and state industrial relations committee, which are independent to the court to handle labor dispute. It adopts compulsive intermediation, arbitration and lawsuit. Australia adopts double track pattern. The parties can get more freedom in the course. In Japan the labor committee...
Keywords/Search Tags:Perfection
PDF Full Text Request
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