Review And Reconstruction Of China's Labor Disputes Settlement System

As the market economy develops, the labor disputes cases have been increasing and growing much more complex. The disadvantages of the current labor disputes settlement system have been exposed, the regulation of labor disputes under the planned economic system cannot meet the needs of the development of the market economy, Chinese labor disputes settlement system degrees yet to be reformed. France is much developed in the market economy, and has accumulated much valuable experience in the regulation of labor disputes. This article seeks to put on the reconstruction of our labor disputes settlement system through reference to French labor disputes settlement system and analysis of the defects of our existing labor disputes settlement system and "Labor Disputes Conciliation and Arbitration Law (Draft)".This article consists of four chapters as following:The first chapter introduces the basic theory of labor disputes, the relationship between individual disputes and collective disputes, and their mutual relationship with right disputes and interest disputes.The second chapter is devoted to french labor disputes settlement system. France deals with individual disputes and collective disputes separately. Le Conseil de prud'hommes, deals with individual disputes by conciliation firstly and trial secondly. Collective disputes are not dealt with by trial, but by collective bargaining, conciliation, mediation and arbitration. Collective disputes cannot enter the procedure of arbitration without conciliation or mediation first. The conciliation agreement, mediation agreement and arbitral award have legal effects.The third chapter analyzes the defects of current labor disputes settlement system of China. Enterprises' internal mediation lacks of reasonability; arbitration of labor disputes is too administrative; labor disputes litigation lacks of professionalism; and there is not a good convergence between different mechanisms. All of this increased the costs of the parties to safeguard their rights and increased their questions to the justice. At the same time, China attaches little importance on the settlement of collective disputes because of the erroneous understanding, and neglects the construction of its system.The fourth chapter proposes the reconstruction of the labor dispute settlement system of China. Labor disputes settlement system should be based on the principles of efficiency and conciliation, and we should deal with individual disputes and collective disputes separately. We should establish a system of the combination of the enterprises' internal consultation, the grassroots conciliation, arbitration, trial and mediation. At the same time we should strengthen the protect to the laborer' rights and interests.