Labor Dispute Negotiation Procedure

In our country, labor dispute negotiation procedure is not a key part in labordispute system, but it still plays an important role for preventing and solving labordispute. We can even say that it is the first shield for labor dispute system, our country,however, hasn't built up a set of valid labor dispute system currently. Therefore,efficiency labor dispute negotiation procedure is an urgent task for setting upharmonious labor relation and preventing more and more labor disputes.The target of this paper is try to make the research in accordance with theoryrationality and practical rationality, by which promotes the lawmaking process oflabor dispute law.Except the preface and the conclusion, this paper concludes five articles.In the first article of this paper, the author analyses the conception of labordispute negotiation. This section the author introduces the basic definition ofnegotiation first, the author classifies the labor dispute negotiation into broad senseand narrow sense. On the narrow sense of labor dispute negotiation, the author doesthe research. Next, the author makes comparisons between narrow sense of labordispute negotiation and communication, mediation as well.In the second article of this paper, the author invests the present actuality of ourcountry's labor dispute negotiation procedure. This part firstly classifies the labordispute negotiation procedure into three categories according to labor dispute types,among which are collective contract dispute and mass labor dispute that the authorinvests. Then according to all kinds of statistics, the author analyses these two kindsof labor dispute actuality: the collective contract dispute with the worker union as oneparty becomes formalistic but the mass labor dispute embraced with mass workersgoes continually high. The third article is the core of this paper. In this part, the author analyses thesticking point of our country's labor dispute negotiation. Firstly, the author makes aconclusion based on the analysis for two kinds of collective disputes: it appears thatthe workers don't need the worker union at all, actually the workers need theexistence of the worker union very much, which is at result of inefficiency workerunion's negotiation. Then the author analyses the original sticking point forinefficiency labor dispute negotiation from three angles, which are worker's strikeright, the delegacy of the worker union and inaccuracy function of worker union.Based on that, the author makes a conclusion that the sticking point of our country'slabor dispute negotiation arises from that the worker union play dual roles: the secondparty of negotiation and the third party of mediation. In this complexion, the workerunion is always inclined to the third party of mediation and dissociated from laborrelation, which leads to inefficiency of negotiation.In the fourth article, the author introduces three typical negotiation modes, whichare the mode depending on family style management represented by Japan, thefreedom multi-mode represented by the USA and the peace-duty mode presented bySwitzerland. Meanwhile, the author compares the worker's representativeorganization in negotiation with mediation organization in three countries. Theconclusion is that the worker's union should give up the third party's position in themediation.Article five is to discuss how to perfect the labor dispute negotiation procedure.In the design of this procedure, the author thinks that in order to modify the labordispute negotiation procedure, we should cancel the enterprise mediation committeefirst, by which the worker's union would not play dual roles. At last, on the base of allanalysis, the author puts forward some opinions to modify the labor disputenegotiation procedure.