Study On The Legislation Of Labor Dispute Settlement Mechanism In China

The development of economy impels labor relations to change a lot.The main body of labor relations becomes clear,labor relations are becoming more pluralistic,and labor relations are dynamic and changeful.Since the Labor Law was put into effect in 2006,labor dispute cases have increased nearly 30% every year.Statistics from Supreme People's Court show labor dispute cases put on record by court in 2015 were up to 483311,increasing25.02% over the previous year.The changing labor relations and increasing labor dispute cases set the new request to labor dispute settlement mechanism.Compared with common civil cases,labor dispute cases have their own characteristics.At present our labor dispute settlement mechanism includes mediation,arbitration and two lawsuits.The mechanism had played an active part in protecting the legitimate rights and interests of laborers at the beginning.However,along with changing situation,the mechanism met some challenge in practice and showed its drawbacks.The author uses her knowledge,studies other experts' works and refers to foreign advanced experience,on which basis she analyzes the legal issues on labor dispute settlement mechanism and puts forward some advice to improve it.The essay has four parts,totaling 18,000 words.The first part summarizes the present state of labor dispute settlement mechanism of our country,introducing its merits and demerits from mediation,arbitration and lawsuit.The second part analyzes the problems existing in the labor dispute settlement mechanism of our country.On the basis of the first part,the author finds out the causes of these problems.The third part introduces foreign labor dispute settlement mechanism including the USA and the Germany.Then the author analyzes their merits.The fourth part puts forward some advice on labor dispute settlement mechanism.The advice rebuilds labor dispute settlement mechanism of ourcountry.The author thinks the reform of labor dispute settlement mechanism involves all kinds of benefits.Protecting the rights and interests of employers and employees is the key to the success of reform.