Reasonable Convergence Of Labor Dispute Arbitration And Litigation

With the increasing economic development and continuous deepening reform, labor relation has becoming more and more complicated, so that the number of labor dispute cases is highly rising. As two most important steps in the treatment mechanism of labor disputes, labor dispute arbitration and lawsuit triggers cohesion improper and even more conspicuous problems, which present in the aspects of cohesion improper of procedure and validity, resulting from legislation, influence of judicial interpretation, lawsuit not reviewing the arbitral award, lack of supervision over arbitration and so on.It is necessary to debug and reasonably link up relationship between labor dispute arbitration and lawsuit. Based upon domestic academic research achievements and overseas labor dispute arbitration and lawsuit relationship, in line with just and beneficial principle, with rational cohesion of labor dispute arbitration and lawsuit as central clue, taking saving system cost and maintaining social stability into consideration, the author has raised several suggestions on cohesion of labor dispute arbitration and lawsuit. In view of high professionalization of labor dispute arbitration, the emphasis of labor dispute treatment is paid upon arbitration. Arbitration award is the basement of lawsuit, which will strengthen and increase the authority of arbitration and decrease the number of cases floating into lawsuit. Meanwhile, on one hand, establish labor court and enhance the professionalization of labor dispute lawsuit. On the other hand, set up judicial advance intervention mechanism ahead of labor dispute arbitration in order to enforce the supervision of lawsuit over arbitration, which is conductive to well cooperation between arbitration and lawsuit so that legitimate interests of all parties in labor relationship will be guaranteed.