On Deficiency And Improvement Of Labor Contract Disputes Settlement

Labor contract dispute is one kind of labor disputes, at present, there are four components in the labor contract disputes settlement: One way is negotiate to resolve by both sides; the second way is apply for the labor dispute mediation committee on the bilateral voluntary foundation; the third way is apply for the labor dispute arbitration committee; at last, if refuse to accept the arbitrament, may lodge a complaint to the court Arbitration is the necessary procedure to litigationThe labor contract dispute settlement has obviously deficiency Because of the neglect of negotiation procedure, legislation has no relational procedures, steps and rules, it makes the negotiation procedure have no ideal effect; because of the problems between mediation procedure, make it become empty; the arbitration procedure lack of independency, easily intervene by administration, lack of necessary surveillance, these make the mediation procedure lack of authority and justness; there are two deficiencies in the litigation procedure: the difficulty of law applying and the unseemliness of adjudgement institution As to the entire processing mechanism, Too complex is an obviously problem, and will make massive waste of manpower and resources, also will not favor the prompt and faire settlement of disputeThere are ways to the improvement of labor contract dispute settlement: Firstly, improve the relational legislation, especially the law of labor dispute settlement, improve the rules of labor dispute litigation Secondly, improve the rules of negotiation procedure, make the negotiation procedure have rule to apply, make it has the lawful restriction Thirdly, improve the labor dispute mediation process, cancel the labor dispute mediation committee or just make it as a complementarity, create territorial labor dispute mediation committee Fourthly, create special labor dispute court, make the disposal of labor dispute more concentrate, more special, increase the quality of labor contract dispute settlement Fifthly, the domestic institution of labor dispute disposition should be established as"either by trying or by arbitration, self-selection to try or arbitrate, try once and arbitrate once, terminated by trying twice"...