Study On China’s Processing Mechanism Of Collective Labor Dispute

In recent years, with the nationwide implementation of the collective contract and collective negotiation system, the collective contract signing rate continues to rise, but the collective labor dispute and its processing mechanism is deficient and scattered. The collective labor dispute processing system of our country is a general appellation of collective labor dispute consultation, mediation, arbitration and litigation. Such system exposed a lot of problems in practice, and the current situation of the collective labor relations is unadapt to collective labor dispute processing demand. Therefore, a set of effective collective labor dispute processing system needs to be improved urgently.In addition to the introduction and conclusion, this paper is divided into the following four parts:The first part is about the related theories of collective labor dispute. This paper mainly introduces the concept of collective labor dispute in legislation in China. And clarified the connections and differences among collective labor dispute and related concepts through different definitions. The paper also clarified the distinguish standard and significance between right dispute and benefit dispute, that different types of disputes may apply to different procedures, paving the way for follow-up study for the “double-track system” processing mechanism. Then analyzed the characteristics of China’s collective labor disputes, combined with the classification of collective labor disputes, defined the scope of China’s collective labor disputes.The second part is the summary of the situation of the collective labor dispute processing mechanism in our country. Sorted out relevant problems from the current general labor dispute processing mechanism to the special treatment rules and procedures, from the relevant laws and regulations to the actual operation effect. Discussed the problems of China’s current collective labor dispute processing mechanism, including the lack of collective labor dispute legislation, the unreasonable roles of different shareholders and the respective problems of two different collective labor dispute processing mechanism.The third part briefly introduced the extraterritorial(including Taiwan, Japan, Britain, the United States and Germany) specific systems on the processing of collective labor disputes. Introduced and summarized the different characteristics of the each national (region) collective labor dispute processing system, so as to make a reference for the improvement of our country’s collective labor dispute processing mechanism.The fourth part is about the relevant measures for improving the collective labor dispute processing mechanism. First, supplementing related laws of collective labor dispute; secondly, distinguish the different types of collective labor disputes, and put forward relevant proposals for these two types. The collective labor dispute processing mechanism of the right dispute only need to be improved in the original labor dispute processing mechanism, but the collective labor processing mechanism of the interests dispute has to be remade.