Labor Dispute Settlement Mechanism Empirical Research

On the basis of the introduction of labor dispute, based on labor dispute mediation, arbitration and litigation practice of a large state-owned enterprise in Beijing, the thesis summarized and proposed the current status of labor dispute through case studies; proposed the proposals and measures to refine and improve labor dispute settlement mechanism through the study and analysis of the drawbacks of labor dispute settlement mechanism. In addition to the end and thanks, the thesis is divided into six chapters.Chapter1Introduction. Mainly discussed the research background, purpose, significance and the main research methods.Chapter II Overview of the labor disputes. Discussed in three parts, the first, discussed the concept of labor disputes, the second, discussed the constituent elements of labor disputes, the third, discussed the main features of labor disputes.Chapter III The basic situation of the labor dispute. In this section, taking the labor dispute case in Beijing as a sample, through mediation, arbitration and litigation investigation and analysis, put forward the basic atuation of current labor dispute and11main features:substantial increase in the number of cases of labor disputes, labor dispute cases turning point occurred in2009, residence in rural areas outside Beijing as major groups of maintenance rights, large proportion of young adults as the main I abors i n I abor di spute, mal es are more than femal e i n the proporti on of I abors i n I abor dispute, the number of collective labor dispute cases and the person involved increase, remuneration become the focus of labor disputes, a large proportion of workers in a weak position to apply the arbitration, the legal awareness of employers gradually increase, blindness exists in the advocate of workers rights, employers violating workers'legitimate rights and interests are still quite prominent.Chapter IV Outlines the labor dispute handling system. In this section, discussed "one mediation one arbitration two trials" labor dispute handling system and the constituent elements, described the labor dispute negotiations, mediation and arbitration and labor litigation main contents and characteristics.Chapter V The current labor dispute handling system defects. In this section, analyzed the defects and drawbacks of the" one mediation one arbitration two trials","pre-arbitration" labor dispute handling system, put forward the labor dispute negotiation handling system defects such as the poor operabiIity of labor disputes negotiation, the inadequate of the credibility of enterprise labor dispute mediation; "pre-arbitration procedure" defects such as a waste of arbitration and judicial resources, the reduce of the authority of the arbitration, complexity of the procedure, a long trial period etc, and labor dispute litigation defects such as litigation system delay, the judge's non-professional malpractice etc.Chapter VI Proposals to improve the labor dispute handling mechanism. This chapter discussed that the improvement of labor dispute resolution mechanism should follow the basic principles, proposed the proposals and measures to establish labor dispute negotiation settlement mechanism, establish labor dispute mediation mechanism among government, enterprise and society, improve the labor dispute arbitration mechanism and improve the system of labor dispute lawsuit proposal and measures.