The Study About Resolving System Of Labour Disputes In China

The present labor settlement system resumed in 1980s and was formally established after the State Council enacted Disposal Rules of Enterprise Labor Disputes in 1993. Now, If a labor dispute, the party involved should go to the labor dispute arbitration committee for arbitration at first. When one party in a labor dispute is not satisfied with the adjudication, he may bring a lawsuit to a people's court. And mediation is not a mandatory procedure. This system has once been praised for that many contraditions between clients of labor disputes were resolved and that many labor disputes were settled quickly and that the economic development and labor's right has been protected. With the deepening of the changed in the market economy structure and reforms in the working system, the existing problems of the nowadays labor dispute settlement system are becoming more and more protrusive. In China, the number of labor disputes is increasing ceaselessly, the various aspects of the disputes are also expanding. Labor dispute case has not actually had an effect after the arbitration, and case quantity of court has not obviously reduced for the establishment of preposed procedure. Therefore, the labor dispute settlement system should be reformed to settle the related cases duly and justly and relief the labors' labor timely. Through reflections on the present working dispute solving system in China and using for references to the trend of manifold and multi-track settlement modes of international labor dispute settlement and the analyze both of the situation of our county and the specialist of labor disputes, this paper sets forth a new model to settle labor disputes. In pursuit of promoting the reform and consummating of the labor dispute settlement system in our nation, the main suggestion is to establish a new model of labor dispute settlement "detach arbitration from litigation and result in separate endings".