Improve The System Of Labor Dispute Resolution Of China

Law of Labor Contract was issued by the Standing Committee of the National People's Congress on June, 29th in 2007, the Labor Dispute Mediation and Arbitration Law was passed on Dec, 29th of the same year and then on Sep, 18th, the State Council passed and put the Enforcement Regulation for Labor Contract Law into effect. Therefore, during the past two or three years, a series of new changes have taken place in our labor legal system. Although much progress have been gained in the three law and regulations, a few problems haven't been properly addressed and we need to continue our studies of the current situation and explore and analyze it theoretically. The paper is intended to explore the improvement of the system of labor disputes handling in China under such a background.This paper is aimed to push forward the process of the legislation of labor disputes handling through the research to realize the dual objectives of both the rationality of the theory and that of the practice.There are four main parts in this paper, and the details are as follows:The first part is about the overview of the labor disputes system. First of all, the definition and types of labor disputes is presented. Labor disputes are divided into right disputes and interest disputes, individual disputes and collective disputes. The definition of group disputes is illustrated; and then the definition. Value and features of the system for labor disputes handling are introduced.The second part observes a few advanced and representative systems for labor disputes handling across the world. Through the observation, it's found out that the common characteristics of those systems for labor disputes handling is that labor disputes are all divided into individual disputes and collective disputes, right disputes and interest disputes, and the handling systems are employed respectively and the ways of handling are diverse. ADR system and the judicial system are adopted to handle individual disputes and right disputes, however, the judicial system is not proper to deal with collective disputes and interest disputes and the ADR system should be adopted.The third part is the main part of the paper, the general situation of the labor disputes handling system in our country is introduced. Great emphasis is laid on the merits and demerits of the four systems of labor dispute negotiation, mediation, arbitration and litigation constructed by the Labor Dispute Mediation and Arbitration Law and the two interpretations about labor dispute cases issued by the Supreme Court in 2001 and 2006 respectively. Problems that need to be addressed right now are pointed out.The forth part is also an important part of this paper, and it includes the suggestions on improvement about the labor dispute handling system in our country. The author considers that two steps---- macro adjustments and micro improvement should be taken to construct reasonable handling system about labor disputes. During the macro improvement, it is necessary to distinguish the types of labor disputes, refer to the unified practices in foreign countries and set up respective handling systems; it's necessary to reasonably distribute the proportion of the judicial system and the ADR system in labor dispute handling system. In individual disputes and right disputes, the judicial system is mainly adopted, the ADR system can be used on the basis of strictly abiding by labor standards, the judicial proceedings aren't proper to be used in collective disputes and right disputes and it is more appropriate to adopt collective consultation, mediation and arbitration. On the micro level, improvements should be made accordingly due to the defects of the system of labor dispute consultation, mediation, arbitration and litigation.