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The Study Of Legal Issues On Labor Disputes On Interests

Posted on:2018-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2346330536974675Subject:Law
Abstract/Summary:PDF Full Text Request
Labor disputes can be divided into disputes on rights and interests.The former is more discussed in the theory of labor law in our country,and there are a lot of regulations on the right disputes in the existing labor dispute settlement mechanism.However,compared with the former,there is a kind of lack of elaborations and regulations on disputes of interests whether in the theory of labor law or the labor dispute settlement mechanism.But in recent years,due to the frequency of interest disputes,this problem has stood out.Meanwhile,the rights and interests of workers in most cases cannot be guaranteed.Therefore,based on the precise definition of interest disputes,intensively and extensively,it is necessary to improve the existing labor interest dispute settlement mechanism.First of all,starting from the definition of labor interest disputes.Expounding it concept,attribute and characteristics.Combine with that,this paper gives a precise definition of interest disputes,which clarifies the connections and differences between the labor interest dispute and other related concepts.The explanations of the general labor interest dispute's category,lay the foundation of the following discussions on the diversified labor interest dispute settlement mechanism.Secondly,all in all,this paper discusses the problems existing in the labor interest dispute settlement mechanism in china.In the first place,it analyzes the existing labor interest dispute settlement mechanism in China,and makes it clear that the settlements of disputes over the rights and the interests of labor in our country are actually divided into two parts.Then,it discusses the problems of the current labor dispute settlement mechanism in our country.Thirdly,this paper introduces some foreign countries and districts' legislations and principles in settling labor interest disputes,including Japan,Canada,and Taiwan.In order to show some useful references for our country,this paper also expounds these countries and districts' specifically systems in settling collective labor interest dispute and sum up some of their experience.Finally,analyzing the necessity of dealing with labor disputes in China and draws lessons from foreign experience,then puts forward some measures to improve the mechanism of labor dispute settlement.First,to make it clear that the completeness of labor interest dispute settlement mechanism is very necessary;second,to complete the related legislations;Third,to combine the foreign countries' experience with the reality of our country,then complete the labor interest dispute settlement mechanism,including the collective consulting system,the conciliation system on labor interest dispute;Last but not least,to establish arbitration system on labor interest dispute and to set the exemption clauses of strike for the regulation of strike.
Keywords/Search Tags:Disputes on interests, Collective Bargaining, Mediation, Arbitration Of Disputes on interests, Strike
PDF Full Text Request
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