Research On The Mechanism Of Labor Dispute Settlement In China

With the continuous development of our country socialist market economy, the social environment of our country happened great changes, labor relations also changed, increasing labor disputes, which seriously restrict the pace of the construction of a harmonious society in China. In order to reduce the incidence of labor disputes, to better maintain social harmony and stability, we must pay attention to the continuous improvement of the labor dispute handling system. At this stage, China’s labor dispute processing system pay more attention to the mediation, arbitration and appeal has still not been due attention, did not achieve the expected results, it is so, the labor dispute processing system improvement has attracted much attention of many scholars.The current "labor law" has stipulated as follows: after the labor dispute parties enjoy please apply the legal rights of the mediation, arbitration and litigation, through friendly negotiation, on matters related to the dispute mediation; in addition, after the labor dispute occurs, the parties shall have the right to the labor dispute mediation committee submitted the application for mediation. If mediation failed to make a party together with satisfaction, is one of the parties in accordance with the law to the labor dispute arbitration commission filed for arbitration. In case of need, the party may not through negotiation and mediation of link, and directly to the Arbitration Commission submitted for arbitration; to dissatisfaction with the outcome of arbitration, have the right to legal proceedings to the local people’s court, by the court for trial order. In "enterprises’ labor dispute handling Regulations" have the following provisions: after the actual occurrence of the labor dispute, the parties shall friendly negotiation on the principle of equality; if you do not accept consultations or negotiations fail, to the unit labor dispute mediation committee submitted application for mediation. Mediation failed, can be made by a party to the arbitration committee for arbitration. In addition, the parties can according to their own needs, not the implementation of negotiation or mediation and directly to the labor dispute arbitration committee submitted for arbitration; to the outcome of arbitration is not recognized, can bring a lawsuit to the local people’s court. The specific content of the above two rules, together constitute the China’s current labor dispute handling system, simply summarized as "mediation, arbitration and a two-tier" system. The specific content of the current labor dispute settlement system: to labor disputes, the parties can take the first consultation is discussed on related matters; or failed to reach an agreement after negotiation, mediation by the parties to the labor dispute can be submitted to the Committee for mediation; mediation failed may apply to the local labor arbitration commission to apply for labor arbitration; that is not necessary in handling labor dispute negotiation and mediation and the parties may, according to the self will, without consultation and mediation directly to the local labor arbitration department submitted to arbitration application; not satisfied with the outcome of arbitration, the parties shall have the right to the local people’s court for legal proceedings, specific labor disputes and trial ordered by the court. The court ruled that the implementation stage, two tiered system of judicial principles. The labor dispute solution and eventually formed a from the employer, the local trade unions, the labor administrative department until the judicial departments of multi-level, system of labor dispute settlement system, as far as possible to protect the reasonable and legitimate to solve labor disputes, the labor relations harmony and legitimacy. Mediation, arbitration and litigation are the most common ways to deal with the current labor dispute settlement system.After the reform and opening up of our country, the labor dispute settlement system has played a positive and effective role in stabilizing production and promoting the healthy development of society and economy in a long period of time. But with the continuous improvement of the market economic system of our country, the increasing complexity of economic relations and labor disputes is also showing a diversity and complexity of the development trend, the current dispute processing system defects or problems have become increasingly prominent, which greatly limits the labor dispute processing system established function of the play.Based on the professional knowledge, the author makes a systematic study on the labor dispute processing mechanism in our country based on the full investigation and study. Firstly, the background and current situation of the research are analyzed, with the specific circumstances of China’s labor dispute processing mechanism is introduced, to the present stage labor dispute of our country processing mechanism were discussed in detail and assess them. Secondly, the author has studied the relevant literature at home and abroad, studied the processing mechanism of labor dispute in foreign countries, and expounded the specific content, and pointed out the place that our country can draw lessons from. Article finally, the author according to the previous discussion, combined with the present stage of our country’s basic national conditions and social environment, and puts forward some concrete measures for improving China’s labor dispute settlement mechanism, I hope that through this paper can bring certain inspiration mechanism of our country labor dispute treatment and, and promote the continuous improvement of China’s judicial work.