Research On Straits And Solutions Of Labor Disputes

At present, China is in a transitional period of the economic restructuring and social structural differentiation, namely social transformation from an agricultural society to an industrial society, economy from a planned economy to a market economy.As the production of the industrialization and marketization of labor relaions, with the deepening of industrialization and marketization, labor relations are changing. It's obvious that labor are both advantaged capital and disadvantaged Labor. Labor power in imbalance. The cases of Labor disputes are more and more. Both confrontation and violence of labor disputes are more and more seriously. The labor disputes are increasing. The labor relations of labor disputes between interest conflict and manifestation has become one of the major social contradictions.It's effect that social stability and economy. To address this phenomenon, based the experience document analysis method. These researching results about both in China and abroad by learning, teasing out the root cause of theory about labor disputes. By collecting three years of digital data from Human Resources and Social Security Bureau of TongRen City, Guizhou province. Combining with the data of statistics, analysis and summarize, it's existing situation about labor disputes. On the other hand, formation reasons combined with the status quo by the in-depth analysis. It's suggest that proposes to resolve the problem of labor disputes about the status quo and reasons of them.In addition to the introduction and conclusion,this paper mainly contains the following three parts, here are results:The first part, the basic status of labor disputes. In this paper,we took data collection statistical method and the acquired data summary analysis found that the current labor dispute Tongren exhibit the following characteristics: First, the labor dispute cases has stabilized;Second, the labor dispute mainly for economic benefits dispute; Third, higher labor dispute cases closed in mediation ratio; Fourth, the employer in the labor dispute cases get lower rates of recover;Fifth, cases of labor disputes showed "intermediate cold, two hot" feature;Sixth,labor dispute cases employer body was diversified trend.The second part, the causes of labor disputes.Contraposed the basic features of labor disputes and combined with the city of Tongren economy, industry, business, labor unions and other closely related factors,the paper conducted in-depth analysis the causes of labor disputes and considered the formation of labor disputes reasons included the following: First,It's obvious that Tongren City, the low-level enterprise, business transformation difficult to keep up the rhythm of economic transformation, the presence of the transition slow.Meanwhile, with the economic restructuring, the government in order to maximize the increase in local fiscal revenue lost impartial position. Second, the imbalance in the labor market, labor force imbalance. It's obvious that power of labor structure is irrational, for high-level corporate labor demand for low-level enterprise workforce is oversupply.Meanwhile, workers in a weak position in the labor relations determines the occurrence of labor disputes are inevitable. Third, the lack of labor inspection. It's obvious that labor inspection teams is not perfect and imperfect labor inspection means; Fourth, scarce employees' rights implementation mechanism. It's obvious that labor union can not be truly representative of the workers union to safeguard the legitimate rights and interests of workers,the government's concern for workers is not enough, lack of internal human resources management.The third part, labor disputes countermeasure suggestions. Contraposed the current situation and the causes of labor disputes,we put forward measures to resolve labor disputes plight suggestions: First, establish a labor dispute prevention mechanism. This requires us to smooth channels of expression demands of workers, strengthen labor law and management according to law, increase labor inspection efforts, good public opinion, to do preventive work of labor disputes. Second, improve the labor dispute mediation mechanism. That is, for labor disputes have occurred, we can establish joint labor disputes handling mechanism, the implementation of joint law enforcement, the establishment of mediation-based labor dispute mediation mechanism, give full play to the advantages of mediation. At the same time, to do legal aid work, increase efforts to crack down on illegal businesses. Third, strengthening the construction of workers' rights to realize the system. Including clarifying the role of government in labor relations, establish and improve the collective consultation system,strengthen unions, strengthen labor inspection team.