The Discussion Of The Improvement Of The Collective Labor Dispute Settlement Mechanism

In the course of nearly 40 years of reform and opening-up, Chinese overall economy has developed rapidly which brings great promotion for the labor market and unceasing enhancement of laborer's rights protection consciousness, they begin to actively to fight for their rights, and better pay and working conditions. The right-maintaining events often occur in recent years, which present the new characteristics, changing from the simple personal safeguarding rights to the collective safeguarding rights, which is collective labor dispute we usually said. In the process of collective labor dispute, when the laborer demands cannot be met, they often fight for their rights through collective strike and a series of extreme, causing serious social impact. Compared with the common individual labor dispute, because of the big numbers involved, controversy is more complex, both sides of labor and capital each sticks to his argument, however, collective labor dispute, also be more difficult to handle, and may lead to more serious consequences if cannot be handled well.Wal-Mart collective labor dispute, happened in Changde,2014, is the typical representative, which has caused the extensive concern of the society from all walks of life, and this is an employee rights protecting initiated by primary trade union top-down. Unions and workers'difficult path of rights protection also reveals that the treatment system and institution of collective labor dispute are not sound in our country. This event made some collective labor dispute expanded, and even turned into strike or physical violence, which intensified the conflict between both sides of labour and capitalist. This paper would point out the deficiency existing in our country collective labor dispute settlement mechanism through analyzing the processing of the Wal-Mart case, and discuss the suitable for China's national conditions of our collective labor dispute settlement mechanism combined with the successful experience of dealing with the case before in our country, the practice in dealing with the practice of collective labor dispute of foreign region. The target of the paper is not only to perfect the legislation system of collective labor dispute, what is more important is that to further improve tripartite mechanism of the Labor administrative departments of the government, trade unions and enterprises to coordinate labor relations, and establish, improve the communication channels of negotiate labor and capital, contribute to collective bargaining negotiations, play a role of mediation, and eventually make dispute can complete smoothly, which not only maintain worker rights at the same time also can promote the stable development of social econ.