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Legal Consideration In Choosing Ways To Protect Labour's Right

Posted on:2011-10-24Degree:MasterType:Thesis
Country:ChinaCandidate:T GuoFull Text:PDF
GTID:2166360308469256Subject:Law
Abstract/Summary:PDF Full Text Request
With the deepening of reform and opening up, various social contradictions and conflicts of interest has become more complex, and labor dispute is inevitable. Discusses how to choose appropriate manner of protecting rights became imminent.Chinese workers can choose a variety of ways of protecting rights. Reconciliation is convenient. It can save time and efforts, and can not be restricted legal procedures, and also can make the labor dispute resolved quickly. Mediation is relatively fast and practical way of protecting rights. and it is frequent method. But the two methods are not enforced, often need combine other ways to solve dispute. Arbitration proceedings is a prepositional procedure of litigation. Litigation can only be used when people refuse to obey court. Arbitration and litigation is relatively strict and normative. The two methods need a long time. Laborer should grasp occasion in the process of arbitration, and make use of the way of collective arbitration and arbitration award shall be final and binding. we must pay attention to the chocie of competent court and should notice reasonable litigation skills. But they cannot take illegal means, and avoid bearing the corresponding criminal responsibility.The ways of protecting labor rights are closely linked the method of labor dispute solution, The ways of protecting labor rights which choosed by workers is also the method of labor dispute solution. Other the ways protecting labor rights must combine the organization of labor dispute arbitration committee to solve labor dispute. Through practice and experience, under the premise of efficiency and judicial solution which is the final way, we may take advantage of diversification mediation and professonal arbitration institutions and arbitrator and specialized litigation. we can constantly improve the way of protecting labor rights to really protect the legitimate rights and interests of labourers, and creating harmonious labor relations.
Keywords/Search Tags:Labor Dispute, Rights Protection, Ways of Protection
PDF Full Text Request
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