Reconstruction Of The Labor Dispute Arbitration System

The problem of labor relation and coordination have attracted widespread attention to the whole community, in particular the new system is in transition. With the increasingly complicated labor relations and disputes, the interests of enterprises and workers is obvious differences, the labor dispute has increased. At present, if the labor dispute cannot solution in time, it will restrict Chinese social and economic development, and resulting in a waste of resources and a serious impact on social stability. Therefore, we must study the current trend in labor relations, analysis the problem of the current labor dispute. It is the need to accelerate the restructuring and reform of the labor dispute handling mechanisms.After nearly 20 years' efforts, our labor dispute arbitration system has been initially established, and it is playing an increasingly important role. However, the labor dispute arbitration system had many issues, it has failed to keep pace with the development of the situation. It is imperative to improve the labor dispute arbitration system. We all know that the Workers and employers controversy, mostly Workers interests have been infringed upon. As the weak-workers they were eager to have a better solution to the labor dispute mechanism to help them safeguard their rights, but at present we can not do this. In order to achieve a harmonious society, we must achieve the purpose of reducing the social costs and reduce the clients "Tired of litigation ".The current labor dispute arbitration system is the product of the planned economy period. The originally aim is to resolve the dispute of the state-owned enterprise better. But with the further development of reform and opening, it has been unable to meet the social needs. Our current labor dispute arbitration system has the main issue: First, The question is mandatory the labor dispute arbitration before the trial. This problem is not only a waste of time but also a waste of money to client. In addition, it against the tradition of voluntary arbitration legislative principles, it also deprived the people's constitutional right to seek judicial relief. Secondly, the question is the independence of labor dispute arbitration. It is the root causes of so many problems. Because it is impossible to achieve a genuine independence, and so we must try our best from human, financial, material and other aspects to make it truly independent. Thirdly, the question is the tripartite mechanism. The "tripartite mechanism" unsuited to the current situation of China. When labor dispute happened, the arbitration committee cannot play its real role. The cause of the problem lies in it is difficult to represent the true significance of...