Case Analysis Of Labor Dispute About Wang

Labor Relationship is the most basic and most important social relationships. Since the Reform and Opening-up policy, along with the development of market economy, our country’s economic system has been developed from single planned economy system, into a diversified market economic system, with the rapid development of industrialization, the enterprise also drew a reform in the spring. This outstanding performance is: the implementation of enterprise restructuring, the surge in the number of employment of state-owned large and medium-sized enterprises, especially in recent years, under the economic structure adjustment of the new normal,the pursuit of profit maximization of the measures, such as mergers and workers interests conflict phenomenon more and more common, labor dispute cases and types are also growing, it has become the "bottleneck" of the enterprise long-term development, also affects the social stability and development, is the focus of government, enterprises and workers together. And the number of labor dispute cases tend to have larger, more involved, higher appeal rate characteristic, processes improper, will trigger social conflicts. Therefore, how to properly handle such cases, resolving labor disputes in time, to standardize enterprise’s employment practices, protect the lawful rights and interests of workers, promoting the harmonious and stable labor relations has important practical significance.This paper is intended to be a state-owned enterprise workers named Wang, vs. Weijiadi mine of Gansu Province Baiyin City Jingyuan Coal Industry Group Co., Ltd. labor dispute case of empirical research, by analyzing the labor dispute arbitration and litigation case in the presence of Cohesion problems as well as issues related to litigation burden of proof, to explore part of the loopholes and defects in the current labor dispute settlement system of the country, try to put forward a sound and improving labor dispute settlement mechanism of proposals and measures.This paper is divided into four chapters. The first chapter presents a case and case to case. The focus of controversy and a brief analysis of the case. The second chapter of the case the focus of controversy and assessment, first analyzed for the case of labor disputes involving the handling procedures; secondly depth analysis of the case of labor disputes in the applicable legal issues involved, first of all, in the present case the burden of proof issues involved are analyzed; secondly,it relates to the application of the case law of the analysis; again, on the case of labor dispute cases involving the burden of proof for analysis. The third chapter, the analysis on the current labordispute settlement system of the existing problems. The fourth chapter discusses the current labor dispute handling system in China, and analysis of the existing problems; Chapter V, combined with relevant legal issues involved in the case, try to put forward a number of measures to improve the processing mechanism of labor dispute cases.