| In this paper, I will focus on the present Labor Dispute System of China (LDSOC) and summarize the remaining problems by making comparison and contrast with that of the Republic of Korea(LDSOK). The following lists the main content of two countries' Labor Dispute Systems.The China's Labor Dispute System mainly specifies that: ① to continuously carry out the "one intercession, one arbitration and two cognizance" system, which is also called "Single Orbit System"；② the buildup of the dispute processing system composing of the interior intercession commission on labor dispute and arbitration commissions at all levels;③ principles to be followed when dealing with the labor dispute are legitimacy, justice, and efficiency;④the dispute is between employer and employee. Here the employer mainly represents corporations of species, government agencies, social groups, and private owners as well. According to the LDSOK, there is the priority when dealing with the dispute arising in public industry comparing with that in general industry; the dispute processing organization composes of labor committee and the court; the main principles are independence, efficiency, and justice; labor conditions such as payroll and labor period, and activities of the organization are the main focus in the dispute. Group contract is also involved in the LDSOK.In China, both parties of the dispute negotiate firstly, aiming at solving the problem by themselves; if the negotiation fails, either party can apply for the intercession to the interior dispute committee or turn to the arbitration committee directly. The 30-day validity period starts from the day when one party applies for the intercession. The intercession will be regarded as a failure if the process is still not finished when the period expires.Either party can turn to the arbitration committee in the 60 days directly but is not allowed to bring an appeal directly before a court of law.If neither party accepts the arbitration result, either can bring an appeal in 15 days from the day when receiving the arbitration resolution.In Republic of Korea, if the dispute cannot be solved in the negotiation procedure, each party can apply for intercession to the district labor committee. However, arbitration application can be accepted only if both parties agree to apply for this.The intercession procedure mainly includes normal intercession procedure and preferential procedure.The normal procedure will be over if agreement is not reached, while under the later procedure, chairman of the labor committee can initiate the arbitration stage. Normal intercession procedure lasts for 10 days since the application day while preferential procedure lasts for 5 days' longer (the former one can extend for another 10 days and the later for 15 days respectively). The intercession will be regarded as a failure if the process is still not finished when the period expires.If the intercession cannot reach an agreement, either party or the chairman of the labor committee (when advised by the Special Intercession Committee) can apply for arbitration to the Labor Dispute Arbitration Committee.If one party regards the arbitration result as exceeding one's authority, it can turn to the labor committee applying for the revision in 10 days after receiving the arbitration award. If not accepting the arbitration result, it can bring the appeal in 15 days. Differences between two countries' intercession system lie in: the managing scope, the processing organization, the buildup the processing organization, the priority of the public industry and etc. Differences concerning the arbitration system are in: the way of application, buildup of the arbitration committee, the period of arbitration, arbitration in advance, special arbitration committee and etc.The common problem both countries face is that the decision on the dispute of both the arbitration in advance and the normal arbitration is not final and binding.From the analysis of two countries' related legal system... |
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