Research On The Relief Methods To Protect The Laborers' Rights And Interests

Labor supervision system and labor dispute settlement system, the major legal relief methods for laborers and employing units to protect their legal rights and interests, play a significant role in establishing a steady and harmonious labor relationship and maintaining the stability of the society.The two systems, however, are different. Labor supervision, a relief method executed by public power, stops acts of tort by investigating and prosecuting the illegal employing units and correcting their illegal acts.While labor dispute settlement, a private relief method, is applied by laborers, whose rights and interests are infringed, for arbitration. With the judgment and execution of the labor dispute arbitration, laborers'rights and interests are protected.As a result, laborers stand a chance to choose either the relief method of public power, claiming to labor supervision the illegal acts of employing units and demanding investigation and prosecution, or the relief method of private power, applying for labor dispute arbitration to protect their legal rights and interests.The paper holds the view that the scope of accepting cases of labor supervision and labor arbitration is not clearly identified because of the imperfection of legislation and the deviation in the implementation of law.First of all, the relief method of public power is ignored with too much importance attached to the relief method of private power. In practice, the role of labor supervision is overlooked. The rate of the staff of labor supervision to laborers is far below the rate in developed countries, though there is a large number of labor disputes and serous illegal labor misuses.Moreover, relying on the relief of private power usually results in social contradictions, including severe collective events.Last but not least, with the relief method of private power, only the laborer himself who apples for labor arbitration is helped. There is little influence on the illegal acts of employing units, which is detrimental to correct the illegal acts. With the research of our country and other developed countries, the paper puts forward the following points of view from the perspective of the scope of accepting cases of labor supervision and labor arbitration.Firstly, enhance labor supervision by establishing the relief model with relying on public power mainly and making private power subsidiary. What's more, perfect the cohesive mechanism of labor supervision and labor arbitration to establish the complementary relation between them. Finally, establish public interest litigation system to strengthen the relief to legal rights and interests of laborers.