Preliminary Thinking On Improving The Labor Dispute Handling Procedures

Since the reform and opening, with the establishment of socialist marketing economy system, and now for the co-existing of the enterprises with various forms of ownership and the market orientation of the labor system, the interests between the enterprises and laborers and the type of distribution are progressively various. And the labor relations has stepped to a pretty complex phrase from the relatively simple one. To meet the need of labor relations in the socialist marketing economy, series of laws, regulations and judicial interpretations related with the labor dispute are enacted and these form the existing labor dispute handling mechanism,"mediation, arbitration and double-lawsuit",in order to solve the contradictions of the labor relations and to promote the harmonious development of the labor relations. At present, labor relations has been the basic and the broadest social relations, and its harmony directly concerns the harmony of the whole society. However, with the rise of non-state-owned enterprises, because of the imbalance of the two parties in these enterprises, the advantageous capital always infringes the disadvantageous laborers. Besides, for the lack of the self-coordination mechanism in these enterprises, and the increasing of the subsequently triggered arbitration, the labor relations contradiction highlights. Up to 2004, the cases of labor arbitration involving the non-state-ownde enterprises are more than 60% of the total cases, and this is also the main reason that why the number of the cases about labor arbitrations rise rapidly and keeps high. Obviously, the labor relations has revealed a kind of imbalanced even confrontation status, and if things continue in this way, the stability and development of the whole will be affected.Through studying the three basic factors of the labor dispute handling system, namely, the policy of labor dispute mediation, the policy of labor dispute arbitration, the policy of labor dispute law procedure, this paper analyses the abuse of the existing system from the aspects of efficiency, authority and justice, etc. And with the basis of filly allowing for the real-life situations and the reform costs, and borrowing ideas from the model of the in the marketing-economy countries, recommends the establishment of the"mediation, arbitration and lawsuit".In addition, this paper proposes it should lay the emphasis of system reconstruction and perfection in three aspects: First, to reform the labor dispute mediation system, and to establish multilevel mediation organizations and institutions by integrating the efforts from all the societies to act as the first frontier of the labor dispute.;Second, to perfect the labor dispute arbitration system, and to improve the justice of arbitration, through putting the three-party principle into use, establishing the mechanism of labor arbitration supervision and the consolidation of the labor dispute arbitrary committee. Third, to perfect the relationship between the arbitration and lawsuit,to establish the core place of the labor dispute arbitration policy in system and the key is to adopt the universal suitable entity and procedure laws. Third, enhance the construction of arbitration committee for labour disputes settlements. Establish arbitrition committee for labour disputes settlements which is fit for the requirements and development trend on labour disputes settlement and standerlize and professionalize the structure of the committee. The committee should gradually be separated from labour adminstrative office and develop toward the trend of independence. By doing so, the efficiency and social influence on labour arbitration will be enhanced. This will demonstrate the notarization and authoritation of the labour arbitration system.Fourth, reconstruct and perfect the relationship between arbitrition and judgements. This incudes many brave suggestions such as uniforming the use of law and procedures in arbitration, establishing a corodination system for labour arbitrition committee and courts, setting up specialized labour courts. We hope the essay will make some contribution to perfect the labour disputes settlements system in China amd protect the legal rights of the labours.