Font Size: a A A

Discuss On The Application And Improvment Of Thehalf Penny Litigation In Labor Dispute Litigation

Posted on:2015-03-10Degree:MasterType:Thesis
Country:ChinaCandidate:L Q FengFull Text:PDF
GTID:2296330431983101Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In cases of labor disputes in our country, the number of labor compensation, claim for deduction or defaulted wages, overtime pay, unpaid or evasion of social insurance, the employer unilaterally in violation of the relevant provisions of the labor law to terminate the contract and refused to pay economic compensation and other types of cases, take up a large proportion of the labor dispute litigation. The amount of such labor disputes are often small, the rights and obligations of the parties are often clear. If we apply the China’s current "pre-arbitration, a cut two trial" dispute settlement mechanism to deal with the case, it is cumbersome procedures, periodic lengthy, inefficient, time-consuming. Therefore, a low cost, high efficiency characteristics procedure is designed to solve minor, minor civil disputes.The paper analyzes the concept and characteristics of small claims cases by concrete and the labor dispute. It defines small claims and sums up the labor dispute the value of small claims by analyzing concept of labor disputes and litigation analysis of the characteristics of the labor dispute. Through the analysis of small labor dispute legislative and judicial litigation difficulties, the paper suggest a special section of small claims process of the provisions in the Civil Procedure Law of Labor Disputes to regulate the scope of small claims cases, to set specifically for the protection of workers’ legitimate rights and interests of operating procedures and other aspects of the small claims. The purpose is improving the mechanism for handling labor disputes to solute small lawsuits quick and timely to protect workers interests in the legal labor relations.
Keywords/Search Tags:small claims, labor dispute, Laborer legitimate rights and interests, program improvement
PDF Full Text Request
Related items