On The Perfection Of The Handling Mechanism Of Collective Labor Disputes In China

Collective labor dispute processing mechanism is not perfect in our country; the existing of collective labor dispute processing mechanism cannot effectively solve the contradiction between labors and capital, generally is by the government to intervene in administrative intervention. This approach fails to establish a long-term mechanism, cannot effectively resolve deep-seated contradictions of both sides of Labor and capital, processing is not good and may lead to deep social problems. Of collective labor dispute handling should follow the basic principles of "labor autonomy", accurately positioning the role of government, perfect the relevant laws and regulations, gradually transforms the government-led government guidance and then to the autonomy of labor, labor cooperation way.Existing collective labor dispute processing mechanism can be divided into: negotiation, mediation, arbitration, litigation mechanism. In consultation mediation practice, due to the trade union function, the principle of three others, excessive government intervention, and the existing dispute negotiation mediation mechanism is difficult to play a role. In the practice of arbitration, the arbitration institution has no independence, quality and quantity is limited, the arbitrage award of the arbitrators do not have final, arbitration institutions and the lack of corresponding legal supervision in, lead to the arbitration prepositional procedure set very embarrassed. In the practice of collective labor dispute lawsuit system, due to the litigation representative is difficult to determine the litigation representative system is difficult to run, in the practice of the people’s court may put on record, single trial.Outside representative collective labor dispute processing mechanism for collective labor dispute processing mechanism in our country to reform relevant experience. The United States of collective labor dispute treatment USES a classification model, collective rights dispute generally go the judicial process with the method of arbitration and litigation, collective interests dispute USES is negotiation and mediation. Japan for collective labor dispute handling system of the legal system and improve the labor policy and guide industrial harmony with positive labor policies, and attaches great importance to the advisory release labor means of communication, such as promote the mutual understanding between the employers and workers. The collective labor dispute settlement mechanism is the core of the British labor advisory conciliation by the arbitration commission, with initiative, prevents to solve for the principle, to provide professional, neutral consultation and mediation services for work tasks.To perfect our collective labor dispute processing mechanism of the main path: First, the content of the collective labor dispute according to the dispute can be divided into rights collective labor dispute and the interests of the collective labor dispute. Right type of collective labor dispute shall be settled through judicial procedures, the interests of the collective labor disputes should be resolved through consultation mediation. Second, through to the right of collective disputes the legitimacy of legislation and the establishment of collective disputes behavior criterion two aspects to regulate the collective action. Legislation should have the right of collective disputes to negative legislation pattern implementation department legislation; The legitimacy of collective disputes behavior criterion, should from the subject, purpose, method, program, four aspects. Third, from the basic principle of collective labor dispute resolution to re-position the role of the government. The government should take the role of the third party to provide collective labor dispute solutions and related professional consulting services. Finally, the improvement of the system of collective consultation, focused on the main body personality perfect labor, clear specification in the process of negotiation, labor rights and obligations of the twin-dinginess design mufti-level system of collective bargaining.