Reform And Improve The Handling Mechanism Of China's Labor Dispute

The handling mechanism of china's labor dispute is an important part in Labor Law system and be Dynamic dispute resolution mechanism, it play an important system function such as promote the realization of the labor rights and obligations, smooth and harmonious of labor relations, safeguard the legitimate rights and interests of parties. Labor dispute has caused widespread concern in society, from parties of labor dispute to Non-governmental organization even government, from theorists to practitioners, more and more organization and personal have researched this thesis in the area of theory and practice in different method, different angle and different goal of value, it caused a lot of research in these area. China's current labor dispute handling system was established in the 1990's, and had a long development for a while until now. This paper attempts to analyzes the pros and cons of the current model from study the current model, and the goal is to explore the possibility of the policy of improving labor dispute handling mechanism.This paper is divided into three parts, the first one is to review the current model of china's labor dispute handling mechanisms, this part has four sides, those are positioning of the current model, the basic evaluation of the current model, the advantages of the current model, the current model's faults. First, our"Labor Law"and"Labor Dispute-Arbitration Mediation Act"has specific provisions about China's labor dispute handling mechanisms. We could know from the provisions that China's labor dispute handling mechanisms have four aspects: Conciliation, mediation, arbitration and litigation, and arbitration before litigation, referred to as"one conciliation one arbitration and two-trial". The current model has some characters, such as the labor dispute handling institutions enhance the ability of accepting the cases and processing cases quickly; Employee have a higher rate when they apply to arbitration; the rate of mediation of labor disputes decreased. There are two sides of the current model itself, one side is advantage and the other is faults. In the edge areas, those can conductive to protect the rights of workers, such as reducing the load of courts, improve the utilization of judicial resources; the implementation of the tripartite mechanism play a role in avoiding conflicts and intensification of the conflict. However, the labor dispute handling mechanisms still need to develop and perfect, like"one conciliation, one arbitration and two-trial"revealed some shortcomings gradually; it appear some problem in the path of dealing with labor disputes.The second part is mainly for comparative analysis of foreign labor dispute. This part mainly includes four aspects, namely: labor dispute mediation system of U.S., Germany and Japan; Commentary labor dispute arbitration system in U.S. and Japan; labor litigation of Britain, Germany and France, even provide some enlightenment for China. On the first point, mainly for discussing the labor dispute mediation system of U.S., Germany, and Japan. Mediation system of U.S. played a significant role in promoting the U.S. economy. A very high success rate of mediation of labor disputes weakened due to the occurrence of the destructive effects on the economy. U.S. has a separated labor dispute mediation body, the U.S. Federal Mediation Board, and the success rate of mediation can reach 80% in U.S. Labor counts is a major labor dispute mediation agency in Germany. Labor relations for the individual labor dispute become the object of court mediation. Japanese labor dispute mediation organizations from workers, employers and public representatives from each of three sides 13, after the appointment by the prime Minister, known as the central and local labor committees. Labor Board is a quasi-judicial agency of the executive committee, its mandate and functions mainly in the labor dispute mediation and review of improper labor practice and relief. The second point is mainly review focused on the labor dispute arbitration system in the U.S. and Japan. The labor dispute arbitration system in the United States consists of four mainly procedures: first, the pre-operation. Second is the choice of arbitrator. Third is the arbitrator's qualifications and sources. Fourth is the hearing process. Japan's labor dispute arbitration ruling is binding on both parties, the ruling has been made, the effect of that ruling with the same collective agreement for the parties to the dispute of the law binding. The third point from the French legal system, labor dispute, labor dispute cases in the German trial, the British industrial tribunal of three judges discussed. France's labor litigation and a professional involved in a trial system is the case of labor dispute cases sentenced into the handling of labor disputes, part of the system, while not typical of the courts. The first trial of labor dispute cases in Germany for the German labor court institutions, such as the German Social Court, the Constitutional Court and the Tax Court and the like, the court is extremely labor organization with a degree of specialization. Industrial tribunals to deal with labor disputes is a British institution. Finally, several countries abroad, elaborated on China's system perfect enlightenment are: to expand mediation in labor dispute cases dealing with the application; Disarmament Commission to establish separate system of labor disputes; case to staff to improve the quality of labor.The third part is the future direction of our country. This section discusses the main two parts. Respectively, on labor dispute settlement mechanisms may be related to several major reform of the existing mechanism for handling specific ideas. On labor dispute settlement mechanisms of several major may include "not only cut the trial," that after the labor dispute, the parties may apply for arbitration, but labor disputes do not enter the proceedings. "Only the trial is not cut", is about to revoke the labor dispute arbitration committee, drawing on the German labor court model, set up a special labor court or Labor Court, will include all of the labor dispute into the proceedings for processing. The so-called "or dismissed or the trial" refers to the labor dispute occurs, for arbitration or litigation, the parties may choose a way to resolve labor disputes. "One cut the first instance," claims a labor dispute arises, the parties to agree with the enterprise labor dispute mediation committee after the mediation to the local labor dispute arbitration committee for arbitration, or labor dispute occurs, a direct application for arbitration. The existing mechanism for dealing with specific ideas of reform, including the following four areas: the negotiation mechanism to do it, our country in order to make this negotiation mechanism is not a mere formality, not only their own trade union organization ideas for change, but also the need the legislation on trade union orientation and provide the impetus. Improve the mediation system to resolve the labor dispute mediation system as an important means of social credibility should be the real third-party host. To the administration of arbitration and litigation-oriented, an arbitration system should be optimized to remove the Chief of the litigation, so that labor dispute arbitration committee to achieve physical and socialization, to restore the true colors of the arbitration, the parties were to become a preferred channel . Reforming labor dispute litigation. Labor dispute is the general direction of reform of labor dispute cases to a reasonable diversion, arbitration and trial points will track, and the two as their final.