Study On The Labor Dispute Settlement Mechanism In China

China’s current labor dispute settlement mechanism belongs to a mode of "arbitration before trial", it means lawsuit coming after arbitration which is a necessary procedure. The mechanism plays an important role in handling labor disputes and establishing harmonious labor relations. However, there are also many disadvantages that the labor dispute case could not be solved properly and promptly, the legitimate rights and interests of the parties could not be safeguarded in the round. The problem above lies in the relationship between arbitration and trial. How to coordinate and reform the relationship between arbitration and trial, give full play to the advantages and avoid the disadvantages of arbitration and litigation mechanism respectively, play a better role in safeguarding the legitimate rights and interests of both parties, become the key to reforming the current labor dispute settlement mechanism. Therefore, based on China’s national conditions, to study the relationship between arbitration and trial, will be of great importance in reforming and innovating the the current labor dispute settlement mechanism.This text with the guiding principles of fairness, justice and efficiency, to join the labor dispute arbitration and litigation for the center clues were analyzed in this paper. The article contains four parts as follows:The first part will make a brief discussion about the current labor dispute settlement mechanism in China.The second part will introduces the current dispute settlement mechanism, and taking Shantou as an example, analyses the main problem such as there is uncoordinated relationship in the dispute settlement mechanism and the labor dispute processing last a too long period.The third part will outline the main theories of the relationship between arbitration and trial which have been put forward by the domestic scholars, point out the advantages and disadvantages of each theories. At the same time, analyze and compare of the experience of the settlement of labor dispute in Germany, American, Australia and other countries, explore the perfection of the settlement of labor dispute, illustrate that "the separation of arbitration and trial, dispute diversion" is a reform and perfect direction for the labor dispute settlement mechanism in china, is the most practical choice in the existing conditions.The fourth part will offer some innovative suggestions of how to achieve "separation of arbitration and trial, controversial streaming" mode:one is to establish the arbitral body; two is to strengthen the function of labor union, carry out the "three principles" of labor arbitration; three is to establish a labor dispute trial institutions; four is to form the cost ladder of dispute settlement; the last is to perfect the legislation.