Researching For Settlement Of Labor Disputes In China

The labor dispute settlement is not only an important part of Labor Law, but also the fundamental system of the labor dispute settlement and its procedure. In China, labor relationship and all labor law systems are undergoing a transitional period, in the new social and economical situation, as the development of the reformation of labor system that is centered in labor market, it is a decisive part of labor law construction to reform and perfect the labor dispute settlement mechanism that is in effect in China, and to proactively prevent and ease the contradictions and disputes occurred under the labor relationship. It is of profound theoretical importance and realistic value to enforce the research on the labor dispute and its legal adjustment. Through four parts of composition on labor dispute, i.e. the summarization of labor dispute, the inspection and analyze of the labor dispute settlement mechanism, the comparison and introduction of the successful legislation experience, and introspection upon the shortcomings and their causations in labor dispute settlement mechanism, this paper tries to legally establish a solving mechanism that is fit for our country, and settle the labor dispute fairly and promptly.The first part dedicates to the detailed definition and explanation of the concept, factors, attributions, causations and general settlement of labor dispute. In both doctrinal and practical field in China, we inclined to be satisfied with a superficial definition of the labor dispute, rather than catch its nature that labor dispute arises from labor relationship, and its two defining features are the parties confined to the labor relationship and labor rights and obligations derived from labor relationship. This part also analyzed the factors, attributions and causations of labor disputes, which will help to further the knowledge and comprehension on labor disputes, accurately determine its nature, defines its connotation and extension, and also helps to project the settlement mechanism of labor disputes. This part gives a concise summarization on the labor dispute settlement mechanism of all nations, expecting to have a preliminary exploration and get some fundamental ideas about labor disputes.The second part deals with the modes of labor dispute settlement mechanism in foreign countries, and also gives out conclusions and evaluations on them. As a social phenomenon, Labor dispute is common worldwide, and is a social and legal problem faced and cared about by all nations. The developed countries have developed a whole set of mature and sound mechanism out from their experience of solving their own labor disputes. In foreign countries, there are two fundamental principles to be followed: one is free will, the other is coerce. Making a conclusion on the legislation mode and judicial practice of labor dispute of all nations and relative districts, there are three modes to solve labor disputes: one is"Euro-mode", one that labor disputes are settled mainly through special labor court and deliberated built forum; one is"US-mode", one that labor disputes are settled by civilian arbitration as the main channel, the other is"Japan mode", one that labor disputes are settled mainly through arbitration with themselves classified. According to the practice of their own country, each country established their labor dispute settlement institution, and implement different procedures according to different patterns of dispute to facilitate the settlement, and provide several aid methods subject to the choices of the parties. It is such a pity that the labor dispute settlement in China still stays on the preliminary stage of"all-around settlement"without differentiation of the disputes, and blindly and totally stuffed all disputes into the monorail mode that"one intermediation, one arbitration and two inquisitions". The procedure is clumsy and fussy, which comes to the blockage of the aiding channel of draining labor disputes, and lots of labor rights impaired and interest stored in the society, wanting prompt and complete protection. The foreign successful legislative experience on labor dispute settlement is greatly useful for our reference to make similar litigation. We should take their successful experience for our use to establish and perfect the settlement mechanism of our labor disputes.The third part lays great labor on the modern situation of the labor dispute in China and the shortcomings of the labor dispute settlement mechanism that is in effect. Because we are witnessing an economic transition and a rapid economic development, the status quo is hard and tough: the quantity of the labor disputes settled by the meditation commission is getting smaller and smaller every year, the number of labor disputes and victims involved rise persistently by a large scale, the number of collective disputes and the victims involved also rise evidently, the labor appealing covers a large part, the recover rate is high, the heating issues are the rewards involved to the fundamental rights and interests of labors and the insurance and welfare, the disputes are getting more and more complicated everyday, and the settlements are getting more and more difficult, etc. Based on these, this part expounds in great detail the shortcomings of the labor dispute settlement mechanism that is in effect in China, which mainly are: the gradually weakened power of labor dispute settlement commission, the disengagement of labor arbitration and litigation procedure, and the low efficiency of the system. It has been a long time since we overlooked the theoretical research of Labor Law, and even neglected the fundamental theoretical research of Labor Law, considering it to be an unnecessary"minor law". This stunted the development of research on labor law legislation, in practice which is performed as rough techniques of labor law legislation, contradictions between different constraining documents, and manipulative difficulty in practice. So it is essential to reform the labor dispute settlement mechanism that is in effect, with the expectation of solving the labor dispute fairly and promptly.The forth part shed much ink on the elementary framing and planning of labor dispute settlement mechanism, and generally it is theoretically and practically considered that our labor dispute solving mechanism should adopt the double-rail system"arbitration or inquisition, once for all". At the same time, we should perfect the arbitration system of our labor dispute, uphold"the principle of tri-divisions", perfect meditation system, and make effort to achieve the goal of"once and for all settlement". In this part, the author will project a labor dispute litigation procedure to promote the specialization of labor litigation under the mode of departed arbitration and inquisition. the author roughly projected a whole set of labor dispute litigation procedure, with the considerations of seven aspects: parties confined to the labor relationship, the legal scope of the cases, administration, court meditation, onus probandi, the principle of litigation support, and litigation efficiency. The author hopes that the projected procedure can highlight the characters of labor dispute, promptly solve labor disputes, provide the inferior laborers with the primary protection of their legal rights, and accordingly achieve the procedural justice of labor dispute settlement mechanism.