Reflection On The System Of Handling Labor Disputes And Its Reconstruction In China

Starting from the main characteristics of the labor disputes in the present China, the article"Reflection on the System of Handling Labor Disputes and its Reconstruction in China"discusses the drawbacks of the current system of handling labor disputes in our country, introduces briefly the relevant systems of handling labor disputes in several developed foreign countries, and proposes a tentative plan of building the system of handing labor disputes according to"separately judging and examining"and other relevant systems.The main contents of this article are as following:Part one: Basic conception and types of labor disputes.The question must be clarified in handling labor disputes is the definition of the labor disputes. In terms of the dispute party and what the dispute is marked, the author defines the labor disputes as the disputes of the two parties i.e. the laborer and the employing unit, on rights and obligations on the basis of work entity. Furthermore, it should be made clear that the disputes on rights and obligations in establishing the labor relation should not be listed in the range of labor disputes. The labor rights and obligations do not only exist during the period of working relation, but continue after the working relation is ended under certain condition. Beside the disputes taken place in the fulfillment of the labor contract, the disputes of labor rights and obligations on the basis of labor laws and regulations, collective agreements, inside work rules should be listed in the range of the labor disputes too. The entity rights and obligations of all aspects on the basis of working between the laborer and employing unit, can become the target of the dispute in practice. There are different categorizing methods to the labor disputes according to different standards. Two kinds of them are the most typical: Right disputes and interests disputes, personal dispute and group's dispute. These two kinds of categorizing methods are with the most theoretical meaning and practical meaning. The difference between right disputes and interests have close relation with the methods of handling disputes; while the personal dispute and the group's dispute are different in the relieving procedure.