The Improving On Mode Of Labor Arbitration And Litigation

In recent years, labor dispute has become a major focus of attention rapidly because of the repercussions of global financial crisis and the successive implementation of various laws and regulations, including Labor Contract Law, Employment Promotion Act, Law of Mediation and Arbitration of Labor Disputes and Social Insurance Law, etc.The rudiment of China’s labor dispute settlement system was established in Nov.22nd,1949. To address the labor disputes existing in private enterprises in a timely and reasonable manner. ACFTU (All China Federation of Trade Unions) formulated Interim Act of Labor Relations, among which the Item27speculates the treatment procedures of consultation, mediation, arbitration and court judgment of labor disputes. Central labor-related departments also set up exclusive labor dispute settlement department. In June1950, Ministry of Labor issued Organization&Work Regulations of Labor Dispute Arbitration Committee. In. Oct.1950, Ministry of Labor issued another act-Regulations on Settlement Procedures of Labor Dispute and some of the principles under the regulation are still used by the labor dispute mediation system currently in effect. Since July1955, however, labor dispute have been settled more commonly by administrative measures with the confirmation of the highly concentrated and unitary planned economic system. Therefore, labor dispute settlement departments were revoked gradually and the related laws and regulations became invalid.Since the implementation of the policy of reform and opening up, economic systems have been enriched and the labor relations have been further diversified, which determines the necessity of resuming the labor dispute settlement system. In July1986, the State Council put forward in Notice about Issuing the Four Interim Acts of Reforming Labor System, to strengthen the organization and establishment of labor personnel department and to set up corresponding labor dispute mediation organizations, which witnessed the resumption of China’s labor dispute arbitration system. On July31st1987, the State Council issued Interim Regulation of Labor Dispute Settlement in State-Owned Enterprises and issued Labor Dispute Processing Rule for Enterprises in People’s Republic of China (No.1, Decree of the State Council) in August1st,1993, which symbolizes that the labor arbitration system has entered in a new development period. Together with a series of corresponding laws and regulations, the labor dispute settlement system in China is developed substantially. In the meantime, the labor dispute processing organizations in China (corporate labor dispute mediation committee, township (street) labor dispute mediation committee, labor dispute mediation committee for government and institutions, labor dispute arbitration committee and court) are constantly developed.From the initial attempts in the early years of the new nation to the two decades after the reform and opening up, the labor dispute processing system suitable for the market economy with Chinese characteristics has been fundamentally established, which plays a positive role in preserving the legal rights of citizens and maintaining the long-term social stability. However, the currently effective labor dispute processing system has evolved to be unsuitable for the current social administration caused by various corresponding problems, including the annual increase of numbers of labor dispute cases, intensified case complexity, number and level of expertise of labor dispute arbitrators and the acceleration of substantial establishment of labor dispute arbitration organizations. In recent years, especially after the implementation of Law of Mediation and Arbitration, there is a louder appeal from the labor administration and labor dispute arbitration organizations, who advocate a thorough reform of the labor dispute settlement mode as well as the improvement of the arbitration independence and authority. In consideration of the above-mentioned situations, the author of the article believes that it is necessary to conduct an all-round and scientific assessment about the currently effective labor dispute arbitration and judgment mode as well as the implementation conditions by combining my own working experience so as to provide scientific and effective improvement programs for China’s labor dispute arbitration and judgment modes.