The Legal Effect Of The Labor Dispute Settlement Agreement

With the change of economic situation in China in recent years,labor dispute disputes have increased sharply year by year,and more and more disputes have arisen because of the legal effect of labor dispute settlement agreements.Labor dispute settlement agreements are widely used in all stages of labor dispute settlement between employers and employees.However,few people discuss the nature and legal effect of labor dispute settlement agreements in detail from the theoretical level.This has brought many troubles to the current practice circle.Starting from the case of Liu Mou v.a company in Shan xi Province,this paper first makes a thorough study and analysis of the effectiveness of the labor dispute settlement agreement based on the evaluation of the effectiveness of the two parties.The author points out that the labor dispute settlement agreement belongs to a special labor contract,which not only has the recognition of legal theory and practice,but also can reconcile the current contradictions between labor and capital,and is conducive to the construction of harmonious labor relations.Secondly,through the analysis of the main controversial focus of Liu’s labor dispute case,this paper focuses on the issues of whether the arbitration agency can accept the dispute of reimbursement of social insurance premiums,whether the labor dispute settlement agreement signed by workers and employers can agree on liquidated damages,etc.Finally,through the analysis and research of this paper,some thoughts and suggestions are put forward on the nature of the labor dispute settlement agreement and the standardization of the settlement agreement,in order to play a valuable role in resolving such disputes.