On The Convergence Between The Labor Dispute Arbitration And Litigation

Labor dispute is an independent form of social dispute which goes with the developmentof capitalistic producing and the interference of the governmental administration in mostcountry. Labor dispute arbitration and litigation play an very important role in the settlementof labor disputes. With the continuous development of our economy, labor disputes becomemore complex, The present system of labor disputes resolution which involves arbitration andtwo court trails has exposed more and more limitations. As the main settlement of labordispute,the ways which we choose should not only reflect the respect of procedure options,butalso must take into account the social and public interests. Effective interface between thelabor dispute arbitration and labor dispute litigation not only save judicial resources, but alsothe necessary conditions of resolving labor disputes and establishing a harmonious and stablelabor relations under market economy conditions. After telling the historical development ofour labor dispute arbitration and labor dispute litigation, on the basis of the status quo ofChina’s current labor dispute arbitration and labor dispute litigation, the author recommendedthat two parties can choose arbitration or the court.The whole paper has been divided into five sectors.The first part introduces the history of labor dispute arbitration and litigation. System isreflection of history; labor dispute is different from civil dispute and administrative disputesas an independent dispute. The handling of labor disputes is different in countries because oftheir economic environment, cultural standards and customs. By description the history oflabor dispute arbitration and litigation, we can improve our labor dispute arbitration andlitigation.The second part analyzes and evaluates the current situation of labor dispute arbitrationand litigation. The relationship between labor dispute arbitration and litigation is that only ifyou dissatisfied with arbitral award, you can sue to the court, which means you are notaccepted if you directly sue to the court, litigation is the ultimate way of settlement of labordisputes. It is criticized that the labor dispute arbitration is compulsive. We must improvethe structure of labor dispute arbitration and litigation.The third part is about convergence of the labor dispute arbitration and litigation in manyother countries, including the United States, the United Kingdom, Germany, France and Australia. The labor dispute is divided into the dispute of rights and of interests which aresubject to different handlers. In order to solve our problems, we could learn from theselegislations.The fourth part introduces viewpoints of domestic theory about convergence of the labordispute arbitration and litigation. As we all know, our system has many problems, but thereare no agreement about how to improve the convergence of the labor dispute arbitration andlitigation.The fifth part is about analyzing the re-construction of convergence of the labor disputearbitration and litigation. The author argues that we must separate the labor dispute arbitrationfrom litigation, and propose specific proposals.