On The Big Mediation Mechanism Of Labor Disputes In Zhenhai District

At the present,“mediation-arbitration-second instance” acts is our labor dispute processing mode in which mediation system is the primary way.The purpose of constructing big labor dispute mediation mechanismis not simply to reestablish a network,but to integrate the current labor dispute mediation network resources,construct big labor dispute mediation mechanism to cope with social contradictions based on the existing platform and through cooperation among labor arbitration departments,judicial and administrative departments and other agencies,thus resolving the dispute at the grassroots level.This paper consists of five parts.The first part is the overview of the labor dispute mediation,and a brief introduction on the definition of labor dispute mediation,legal basis and historical evolution.This part clarifies the legitimacy of the labor dispute mediation.The second part is the motivation and the basic structure of Zhenhai District labor dispute “big mediation” mechanism.Reality motivations include the following four purposes: to meet substantial growth in demand for labor disputes,to deal with the impact of Mediation and Arbitration Law provisions,to remedy the defects of grassroot dispute mediation organizations and to ensure convergence of mediation functions.Meanwhile,this part makes a detailed introduction of the organisation scheme and operation mode of the “big mediation” mechanism.The third part is the effectiveness on enforcing Zhenhai District labor dispute “big mediation” mechanism.Based on the reality of labor dispute mediation work in Zhenhai District,this part summarizes and refines the effectiveness achieved by enforcing the mechanism.The fourth part is the defects of Zhenhai District labor dispute “big mediation” mechanism.The defects can be summarized as a lack of standardized mediation provisions,disadvantages of mediation organizations and limitations of the effectiveness of the mediation agreement.The fifth part of this article is suggestions on improving the Zhenhai District labor dispute “big mediation” mechanism.Aimming at the specific defects proposed in Part four,this section analyses the current situation and trend of the labor dispute as well as the operation situation of mediation mechanism,puts forward recommendations to implement the “emphasis on mediation” principle,optimize the labor dispute mediation organizations and strengthen the validity of labor dispute mediation agreement.To achieve harmonious labor relations and sustainable development of production relations by optimizing labor dispute mediation grassroot “big mediation” mechanism and balancing the interest between workers and employers is what we need to explore urgently.