Studies On The Labor Dispute Settlement Of Fujian Province

In1987, Fujian province officially resumed labor dispute settlement system. In recent years, with the development of the economy in our province, a large number of labor dispute cases have increased, labor relations tend to complicate, and the existing labor dispute settlement mechanism is faced with many challenges. It has been difficult to adapt to the needs of the social development of our province. Therefore, many scholars suggest reforming the mode "once arbitration, twice trials" in the current labor dispute settlement mechanism of Fujian province. This paper argues that the principle of "once arbitration, twice trials" in theory and practice has met many obstructions, and it is hard to play its proper role. For this reason, we should classify the labor disputes according to their own characteristics and set up different processing modes. Therefore, based on current legislations, the paper will combine with the present situation of labor dispute in our province, and analyze the disadvantages of current mode of settlement system. Then on that basis, I propose some suggestions on how to improve and consummate the labor dispute settlement mechanism. This paper includes three parts.The first chapter introduces the related theories of labor dispute and its settlement system, analyzes the characteristics of the labor dispute, presents two kinds of classification standards of the labor dispute and discusses the value orientation and the practical application of constructing labor dispute classified processing mechanism. The second chapter mainly describes the drawbacks of the existing labor dispute processing mode in our province and expounds the historical evolution and basic framework of the current processing mechanism, all kinds of the relationship between the processing programs. Then, the chapter analyzes the present situation of the labor dispute in our province with a large amount of data to explain that the current mode is not adapt to the present situation of the labor disputes in our province and urgently needs to be reformed.The third chapter sets up corresponding processing modes, based on the classification standards of benefit dispute and right dispute, and then completes the preliminary conception of the reformation to the labor dispute processing mechanism of our province.Conclusion:I hope that the arbitration and litigation can play their maximum characteristics and functions through the establishment of the new system and reasonable classification of the labor dispute. At the same time, the labor dispute can get timely and fair treatment, and the legitimate rights and interests of the parties can get timely relief in our province, through the diversified dispute resolution system excluding negotiation, mediation, supervision etc.