Comparative Study Of The Labor Dispute Settlement System In Hinterland And Hong Kong

With economic and social development, the labor dispute settlement system in hinterland presents a great deal of incompatibility. It is doubted in various degrees in fairness and efficiency of the labor dispute settlement. "Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes" has made an effort in strengthening the mediation and improving arbitration, but it is still insufficient to the current demand for dealing with labor dispute in hinterland. After comparing and drawing lessons from the Hong Kong labor dispute settlement system, we hold the opinion that we still need to improve the system in the hinterland to some extent from two respects: the completing ideas and concrete system, on the completing ideas, we should abandon the traditional mode of "settling as a whole" and establish the "classifying and shunting" treatment mode; should dispel the prejudice to "administrative strength" and deal carefully with the relation between "tripartite mechanism" and "the administration participation"; should change the reform way of "improving independently" and establish "optimizing and combining" reform way. On the concrete system, we should cancel the mediation inside the enterprises, strengthen mediation outside the enterprises and strengthen the administrative mediation; should improve the labor arbitration from entity and procedure; should set up a mechanism to connect mediation, arbitrating and lawsuit to optimize and combine system resources; and should set up collective dispute settlement system.