The Study On Handling Labor Dispute Negotiation Institution In China

Handling labor dispute through negotiation in legal system is the first met hod to settle these issues. If labor dispute occurs, both parties,employ and lab orer,shall resolve it through consultation to reach an agreement according to leg al provisions. This procedure, one of the ways to resolve the dispute,has a gre at legal significance as well. Article 77(1) in "labor law" expressly provided:t he current style of labor disputes handling in china includes, mediation, arbitration, le gal proceeding and consultation.As for handling labor dispute by negotiation, on the one hand, a good ins titution will contribute to settle the disputes timely and effectively so as to pro tect the rights and interests of both parties. It is also significance in building h armonious labor relations, maintaining the social stability and building a harmo nious society. On the other hand, it is beneficial to alleviate the pressure of th e labor dispute arbitration organizations and the people’s court so that they can transfer more lawsuits resources to the important cases. At present, however, many obstacles need be solved to make the institution work, such as the equal ity status of laborer and employer, unreasonable benefit distribution in consultat ion, mediation, arbitration and legal proceeding, which makes the current consult ation process "useless".Bases on these background, this paper deeply analyze the concept, charact eristics, current status, cause of the failure and counter-measures etc. of the in stitution of handling labor dispute negotiation on related theories,by way of c ollection, sorting out and comparative analysis of relevant research results and rela ted practical experience in foreign. I hope that more attention could be brought to the system of handling labor dispute negotiation, and this paper can be the reference for the further research.