Collective Labor Dispute Settlement Mechanism Research In China

The construction of harmonious labor relations has been one of the important content of building a harmonious society in our country,in order to coordinate the laborer and unit of choose and employ persons labor relations between the countries developed the "labor law","labor contract law" and "labor relations mediation arbitration law",in March 2015,the state council issued "the central committee of the communist party of China the opinions about the construction of harmonious labor relations under the state council,pointed out that government department should attach importance to the construciton of harmonious labor relations.However,the collective labor dispute has become a hot issue in the field of labor law and labor law.By the end of May 2014,shenzhen IBM acquisition collective labor dispute resolution,changde wal-mart union rights protection case,guangdong yue yuen shoe factory strike case and a series of collective labor dispute cases has been brought into public focus.The production of the collective labor dispute,compared with our common individual labor dispute,presents:number,large scale,has the characteristics of wide range,will often bring inconvenience to oxur life and production.Is based on the characteristics of collective labor dispute,better solve the collective labor dispute,has become a focus of attention in coordinating labor relations,we have become one of the focus of the theory and practice to discuss the problem,according to the situation of our country's legislation and judicial practice,can be found,for collective labor dispute in China has not fonned a set of relatively perfect settlement mechanism,it is also one of the roots of the quantity increasing of collective labor dispute and collective labor dispute solution is not only beneficial to the laborers' legitimate rights and interests safeguard,also contribute to the harmonious development of labor relations and the overall stability of the society.This article mainly aimed at the deficiency existing in our country collective labor dispute settlement mechanism,tries to put forward reasonable Suggestions for its perfect,mainly includes four parts:the first part is about the collective labor dispute settlement mechanism to make the overall overview,through to the concept of collective labor dispute and the characteristics,classification and the difference between the collective labor dispute and individual labor dispute,can let you have a clear understanding on collective labor dispute,to distinguish between collective labor dispute in practice.Then based on the existing collective labor dispute settlement mechanism as well as the significance of further perfecting the collective labor dispute settlement mechanism,can make people to the present situation of the collective labor dispute settlement mechanism of China has certain understanding and realize the meaning of perfecting the mechanism;Second part for collective labor contract signing and the performance of the contract caused by collective labor dispute different approach to introduce the legislative status quo of collective labor dispute resolution,and the collective labor dispute on the legislation,the solution,the use of the collective negotiations mechanism,government role in the solution of collective labor dispute and tripartite coordination mechanism can play a role on the problems existing in the making,carries on the analysis summary,offer the direction for the improvement of the later Suggestions;The third part is the United Kingdom,the United States,Japan,Germany and Australia,collective labor dispute settlement mechanism of abroad is introduced,know how to deal with the collective labor dispute,abroad in understanding to learn from the collective labor dispute resolution system abroad,and combining with the present situation in our country,further consummates our country collective labor dispute settlement mechanism;The fourth part is aimed at the problems existing in the collective labor dispute settlement system in our country put forward some rationalization proposal,hope from the legislation,collective labor dispute solution,the system of collective negotiations,the government's role positioning and its role in the tripartite coordination mechanism to make some perfect measures.Based on the present situation of collective labor dispute settlement mechanism in our country,on the collective labor dispute resolution in China,the shortage of the fully draw lessons from foreign experience and on the basis of research results at home and abroad,strive for our country the collective labor dispute resolution to build a reasonable mechanism.Collective labor dispute solution,due to its involves the interests of the laborer overall,so the solution is more rigorous and careful,traditional way of individual labor dispute cannot fundamentally make the collective labor dispute is resolved,this also prompted us to the collective labor dispute resolution build up an independent system,unit of choose and employ persons and laborer to the solution of the contradiction between the collective,the best way is to full consultation with each other,and agree on the solution,the solution cost minimization,so on the collective labor dispute solution,we should construct is given priority to with prevention and consultation mediation,arbitration and litigation is complementary,give full play to the collective negotiation system and the function of the tripartite coordination mechanism on collective labor dispute dispute resolution mechanism.