An Inquiry Into Labor Disputes Resolution System In China

It had been 20 years since our country recovered labor disputes resolution system in 1987. With the profound transformation of the market economy, the mechanism of labor disputes resolution was facing a large number of challenges both in theory and practice. The new arrival of Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes (Mediation and Arbitration of Labor Disputes Law for short) pushes forward the labor disputes system's reformation and reconstruction , however, it also has some deficiency. Based on the Mediation and Arbitration of Labor Disputes Law, the author analyzes the disadvantages of present labor disputes resolution system and the insufficiencies of the law and proposes some tentative suggestions on how to improve labor disputes resolution system through detailed analysis.This paper includes four chapters except the preface and the conclusion.In chapter one, the conception of labor disputes is analyzed by first, then the labor disputes category is clarified. Moreover, the history and present frame of labor disputes settlement is introduced here.Chapter two presents the background factors of the Mediation and Arbitration of Labor Disputes Law. The author tries to find out the essential reasons from both the theory and practice such as the present labor disputes, the impulse of correlation lawmaking, promoting harmonious and stable labor relations and so on.In chapter three, some concrete provisions in Mediation and Arbitration of Labor Disputes Law are discussed. Although these provisions will solve some problems in processing labor disputes, they also reflect the deficiency of the law.In chapter four, proceeding from the third party of the labor disputes resolution, the problems in the third party of mediation—labor union ,the third party of arbitration—government, and the third party in litigation—court is analyzed. Based on the analysis, the author puts forward some tentative suggestions on how to consummate the third party in labor disputes resolution system.