The Study Of Legal Issues On"Labor Disputes On Interests"

Labour disputes can be divided into "labor disputes on interests" and "labor disputes on rights". In the theory of labour law in China, there are more discussions of "labor disputs on rights" than former. In contrast, both the theory, or existing labor dispute settlement system, elaborated and specifications are lack of interests disputes. Therefore there is a need on the connotation and extension of "labor disputes on interests" on the basis of an accurate definition, perfect the provisions of the existing labor dispute settlement system. Comprehensive theory of existing domestic and foreign academic theory and legislation. Author in the clearance of "labor disputes on interests" on the basis of the concept, combined with some of the specific provisions of the existing labor dispute settlement system, has raised some interest principle in dispute. In my view, about the controversial content of interest, in the existing labor dispute settlement system in China, is blank, so need to be on the basis of foreign legislation of, by clear concepts and legal nature of interests disputes, discussion dispute some of the legal issues of interest. Has the special "labor disputes on interests", it should not be confused with "labor disputes on rights". For the treatment of controversial issues of interest, must follow the principle of line with the nature of interests disputes. At the same time, worker and the employer cannot be ignored in the interest of dispute resolution has played an important role in the process. And when the interests of both employers and employees face it cannot resolve disputed matters, arbitration, mediation, or even the Government’s administrative organs, and other third-party organizations should be actively involved, common interest above dispute resolution. But for those employers and employees in the settlement, and request third-party interest dispute resolution process exists in some of the issues, the existing labor dispute settlement system in China does not give a clear answer. Therefore, the author on the basis of theoretical analysis, to a certain amount of discussion on this deficiency, and made a number of solutions...