Research On Handling Mechanism Of China’s Labor Dispute

This paper focus on the mechanism of labor dispute handling issues. Although the "Labor Dispute Mediation and Arbitration Law" which implemented in May2008extent on China’s labor dispute handling mechanisms were supplemented and improved to some certain, the design of channels in the mediation and arbitration as a pre-program still exist on issues such as inadequate. And these abuses have become a bottleneck restricting labor dispute resolution. If these problems are not properly solved, our labor dispute judicial reform will not be able to get significant results, the interests of workers will not be able to get a comprehensive basic protection at the same time. The innovation of this paper lies in taking the coordination mechanism of labor relations in the labor dispute settlement mechanism as a whole issue to be studied. The inadequacy and improvement focus on all aspects of the dispute settlement mechanism.This article gives an overview on labor dispute handling mechanisms related content at first. Then the article details the definitions and classifications of labor disputes, in particular to clarify the mechanism of labor dispute and the basic system of values, clearly showing the current labor dispute settlement system of the basic framework. Come to the next, the article talks about the different characteristics between labor disputes and other disputes. On the basis of analysis about the importance and necessity of labor dispute mechanism, the article systematically expounds China’s labor dispute settlement mechanism in the development of experienced constantly updating and improvement process.In the second part, this article gives systematic analysis and evaluation on China’s labor dispute settlement mechanism. Then I state the inadequacies on labor dispute mediation and other related dispute litigation system. Basis of labor legislation is still not complete, which is leading to an endless stream of the root causes of labor disputes. There is no clear and effective definition on individual labor and collective labor dispute rational, which makes an efficient and reasonable labor dispute established to be no impossible. Due to lacking of independence, dual role of the trade unions can not be substantive. The strong chief colors makes trade unions representing the majority of the industry. The absence of an independent third party in mediation system leads to credibility questions of mediation worrying. Mediation results are lack of enforcement power, which results out of more problems. As being lack of the flexibility the arbitration system should have, arbitration system becomes a violation of the principle of party autonomy, even though it is a necessary procedure. Qualification requirements for arbitrators is neither clear nor desirable, which easily leads to inefficiency and lack of fairness during the procedure of labor dispute arbitration. In the situation that the dispute between the parties can not be properly handled, it is more and more possible for the parties to choose the litigation to resolve labor disputes. There is serious gap and deletion between mediation and arbitration proceedings, which is no good for our dispute settlement mechanism.The third part of the article is some experiences about labor dispute settlement mechanism on legislative and practical experiences in some common law and civil law representative national and regional. The first is represented by the judicial reliance in German, which highlighting the operation of the hearing agency specialized labor dispute-Labor Court. Second is the representative of Sweden National, which provides mediation mechanism and mode of non-parties to start a completely free hand in handing of labor disputes. Thirdly is the United States and the United Kingdom, which represents professional authority patterns countries. In these countries the labor disputes is divided into interest and rights disputes. The labor dispute pushed the social, professional to be a unique way to solve. Forth is French, which represents labor dispute classification model. This model divides disputes into individual labor disputes and collective labor dispute labor dispute. Finally is Japan, which represents the quasi-judicial model. This model is also be the most similar to a class of our country. On the basis of analysis of the labor dispute settlement mechanisms of other countries, the article elaborates the emphasis on improving labor legislation labor dispute and put high emphasis on the importance of specialized processing mechanism and efficiency.The last part of this paper summarizes the inadequacies of the labor dispute in handling mechanism and the excellent experience abroad. Then the article puts up with some improvement about our labor dispute. First of all, filling legislative gaps is the most important. Distinction between types of labor disputes and controversies also must be made. Secondly, pay attention to encourage the autonomous negotiation and the trade union organizations to transform ideas on their roles. Thirdly, raise the credibility of mediation organizations. The legal effect of conciliation agreement must be explicated. Finally, make up the inadequacies of arbitration and litigation proceedings. Establish a procedure in which mediation, arbitration and litigation can run organic.