Research On The Double Track System Of Labor Disputes

With the increase of labor disputes,traditional labor security supervision has been difficult to adapt to the new situation and problems in reality,labor supervision can not deal with the growing labor disputes.First,the lack of legal basis for mediation,Guangdong Province has definite legislation mediation,other provinces do not have mediation functions for labor security supervision.Second,the provisions of Guangdong is too simple,as the lack of national law support,and the effect of labour supervision’s mediation is uncertain.By analysis of Shanghai Putuo District’s labor inspection cases,the research focus of is the dual track system of labor disputes,this paper want to explore the establishment of the labor supervision mediation system,combining with the new situation and problems in the background.The establishment of the labor supervision mediation system should combine local and foreign experience to improve the method of current labor disputes.In our country,the time of labor inspection system is not long. In recent years, labor relations become more and more complex. This paper want to enrich the theoretical studies on labor supervision system.The main research of this paper contents the current situation of double track system in Shanghai Putuo District.Second is to analysis the choice of the workers.Third is to combine the realistic background of multipartite mediation experience from other areas. This paper is to research the establishment of the mediation system of labor inspectionand the labor supervision mediation mode.To solve the problem,the key is to research the labor dispute processing of dual labor supervision problems,existing in the basic law enforcement in handling labor disputes.Second is to explore the establishment of mediation system of labor supervision and choice the mode. Labor security supervision regulations of Guangdong Province come into force in 2013,labor supervision can use mediation in the process of handling workers’ complaints.Although the labor supervision system of mediation has been created,but based on the current labor disputes disposal of dual track system, the mode of Guangdong’s labor supervision mediation,can not solve some key problems.First is the lack of law support at the national level.Secondly, the mode of mediation is not involved in the mediation procedure rationality of setting.Third,the labor inspection of the mediation agreement is without legal effect. This paper presents preliminary recommendations on the defects,so as to provide reference for the practice of legislation and labour supervision.