Research On The Drawbacks And Improvement Of Labor Arbitration In China

Labor arbitration is of very importance in system of labor dispute settlement in all over the world. This can be true in our country too. It is not only because labor arbitration relates closely with the labor right and the society stability, but also in our country the procedural of labor arbitration is vitally necessary before litigation. Labor arbitration procedural plays a critical role in dispute settlement in that it is the only choice for those that want to protect themselves. But there are more and more suspicion about such system and the drawbacks of labor arbitration exposed themselves in the practice gone with days. It is the time to improve the system and the procedural of labor arbitration.The first part of this paper include the nowadays situation and historical development of labor arbitration, and it is the base of the following discussion; and the intention of second part is to make clear that what exact the labor arbitration is depending on the introduction of labor arbitration of foreign countries as well as the expectation of learning some useful experience. The third part is the key part of the paper, through the analysis we can see that labor arbitration lacks the availability as a procedural and the commission of labor arbitration lacks the equity and profession, what is more, the arrangement of arbitration before litigation is not reasonable. The fourth part, that is, the final part gives my own pinions on the improvement of establishment of labor arbitration such as making the procedural available to parties in disputes and make the labor arbitration more equal, dependent and economical.