The Empirical Study On Labor Dispute Arbitration

Based on the in-depth investigation of a large number of labor dispute cases,with Ninghai County Labor Dispute Arbitration Institute for the statistical object,the total has soared nearly 3 times,from 274 cases in 2006,to 295 cases in 2007,to 753 cases in 2008 after the implementation of the "labor dispute mediation and Arbitration Law","labor contract law".This paper tries to make a statistical analysis of the specific cases of labor dispute cases in Ninghai,and find out the difficulties and problems in the process of labor arbitration.In the first chapter,the data investigation of Ninghai county labor dispute arbitration case specific circumstances,found that after 2008 the high volume of cases,main types of cases involving social insurance,labor contracts,retroactive pay economic compensation(including overtime),the number of cases and the proportion continues to rise,the labor relations involved are more complexed,more young workers,labor requirements gradually increase,the case is further complicated and diversified characteristics.In addition,the arbitration system from the registration of the identity information query,the vast majority of foreign workers in the field of arbitration,the provincial household workers in the local is usually more than 2/3,in recent years,up to about 75%.Statistics show that the case is basically concentrated in private enterprises.Among them,a large number of group cases and the number of applicants have increased significantly,and the number of cases of severe group disputes continues to rise.It'll be showed through the various types of charts and datas on the above content,in this paper.In the second chapter,through the in-depth study of the reasons for the frequent occurrence of labor dispute cases,from the labor dispute cases in the process,we can find a lot of small and medium-sized business companies have a far-behind philosophy.On the other hand,most of the workers' cultural level are not high,their moral constraints are low,and the awareness of the rights of workers is strengthened.It is very difficult to deal with the cases of group arrears of wages,showing frequent situation,and the occurrence of major and large collective cases is a direct reflection of the difficulties in the development of enterprises and poor management.With the increase of the number of cases,the number of the cases of wage arrears is increasing,which is more difficult to distinguish the facts of labor relations and the amount of wages.Because of the huge amount of cases involved and the contradiction highlights,it is difficult to reach arbitration mediation.The third chapter analyzes the problems in the labor dispute settlement,mainly in three aspects: first,through the investigation found that the three party coordination mechanism is not implemented.The three party coordination mechanism of our country has a low level of legislation,the representative of the grass-roots trade union organizations is weak,the work is limited,due to various factors,and failed to effectively play its role and the social effect.For example,at the present stage of our country,our country trade union strength is not strong enough.The key in the enterprise trade union is to truly represent the interests of the workers and business owners affected by the party,from the western countries,the power of trade unions is still a big gap.Secondly,there are defects in the arbitration and litigation.In the process of practice,the labor dispute adjudication mechanism exposes a series of problems,such as the program links,pre program form,the virtual function of arbitration and mediation,the scope is not unified,the rules of evidence,arbitration,arbitration and court trial division,poor communication.The fourth chapter starts from the prevention measures of labor dispute arbitration,strengthens the enterprise standard management consciousness,guides the staff rational rights protection,increases the government supervision and the law enforcement dynamics.To construct the grass-roots mediation organization network,strengthen the construction of the enterprise mediation organization,strengthen the coordination function of the trade union organization,establish the information platform to increase the labor supervision.To strengthen the communication and coordination between the arbitration organization and the court,the court shall establish a special labor court,an independent labor arbitration institution,to ensure the quantity and quality of arbitrators and strengthen the supervision of labor arbitration.