| Along with the enhancement of our country economy development level, all kinds of investment body emerge continuously. At the same time, labor dispute cases also increase ceaselessly, which puts forward a great challenge to our country’s existing labor dispute processing system. Although "one arbitrament two trial" labor dispute processing system plays a major role in the maintenance of public order and economic development, the processing mode have been reproached widely because of system multifarious and low efficiency. Therefore, in the economic globalization today, our country must conform to the international development trend and build the perfect labor dispute processing mechanism to provide a good operation environment for social and economic development. On the paper, the author puts forward own ideas to improve our country’s labor dispute processing mechanism, based on the analysis of the labor dispute processing mode of the international labor organization and main developed countries.Labor disputes have narrow and broad division, but in order to reflect the particularity of labor disputes, labor disputes have been used only in the narrow sense, that is, labor disputes emerges in the labor process because of the differences of the labor rights and obligations between managers and employees. Along with the economic communication deeply, labor disputes has the new features of The Times. In order to properly resolve labor disputes, different labor relation theories have been formed. On the basis of these theories, unique labor dispute processing mode have been formed.International labor organization is product of different countries cooperation in the field of international labor legal system. International labor organization labor disputes resolution mechanism mainly includes prevention mechanism and relief mechanism, which provides the basis for countries to create domestic legislation. And then, this paper introduces the labor dispute processing modes of several developed countries, which are the United States pluralistic mode, the British public or private separation relief mode, German labor court mode and Japanese labor committee pattern. These international labor standards and specific processing modes provide important enlightenment and reference for domestic labor legislation.At present China’s labor dispute settlement mechanism is "one arbitrament two trial". This system plays an important role in practice, but also has certain problem. For example, the absence of the consultation or mediation, labor arbitration system has defects, labor disputes court judge has shortcomings and collective talks are not implemented, which blocks solution of labor disputes timely and effectively.On the basis of the international labor organization and the developed countries deal with the model of labor disputes, in view of China’s labor dispute processing problems in the system, firstly, perfect our country’s legal system as soon as possible, that is, speed up the transformation of international treaty on the domestic law, speed up the approval of the international labor standards and speed up the pace of specific module legislation etc; secondly, build a diversified non-accusing the labor dispute processing mechanism, namely, establish neutral mediation organizations and set up an independent labor arbitration institution; thirdly, build the labor disputes judge mechanism, that is the "cutting the separation, their final" court mode, reasonable distribution of labor burden and carry out "the tripartite mechanism"; lastly, perfect the function of labor union in collective negotiations, not only to strengthen the building of the basic-level labor union organization and improve the effectiveness of the labor union, but also strengthen law enforcement on labor union safeguard. |
PDF Full Text Request