Research On The Application Of Labor Dispute Settlement System For Taiwanese Employees In Fujian Free Trade Zone

Fujian free trade zone reflects the strategy of "joint management and joint planning"from the aspect of the reform of the economic system and new measure of talent management.The two areas are constantly merging in economy and personnel exchanges.In the new situation that the relationship of the two districts is becoming closer and closer,Fujian Free Trade Zone is established as well as Taiwanese employees’ labor dispute settlement system in the districts,which is of great significance to attract Taiwanese people to work in the region,to achieve the strategy conception of Fujian Free Trade Zone and to realize the goal of peace and reunification of the country.At present,the dispute of Taiwanese employees’ labor issue is dealt with according to the labor discipline which is applicable in the Fujian Free Trade Zone.However,there are great differences between labor legal entity rights of Fujian Free Trade Zone and labor legal entity rights of Taiwan in labor remuneration,labor contract and labor protection,which leads to different understandings of labor discipline in variety of aspects between Taiwan employees and employees in Fujian Free Trade Zone,thus the labor disputes rate is increasing.Taiwan divides the labor dispute into two types and the procedure of disputes solution is different.In operation pattern,Fujian Free Trade Zone is not the final arbitration.Arbitral decision has no final effects.One party if refuses to accept as final,may bring a lawsuit to court.The system of the court of second instance being the court of last instance can be carried out according to general civil proceedings.There is great difference between the two districts in specific procedures of labor dispute mediation,arbitration and litigation and procedure effects.If labor dispute of Taiwan employees in Fujian Free Trade Zone is dealt with by inflexible using the labor discipline of Fujian Free Trade Zone,it is not conducive to the introduction of talent,and then affects the production and operation of the enterprise,and even the implementation of the strategy of the Fujian Free Trade Zone.Therefore,the author analyzes the characteristics of the labor relations of Fujian Free Trade Zone Taiwanese employees,compares the differences of the two districts’ labor discipline in entity and procedure,explains the necessity of establishing new labor dispute settlement system for Taiwan employees in Fujian Free Trade Zone,analyzes the theory basis of the two districts’ labor law conflicts,puts forward the theoretical basis and practical way to solve conflict of laws in Fujian Free Trade Zone,combines the characteristics of the labor dispute solution system of the two districts,establish the Taiwan employees’ labor dispute solution system,suggests adhering to the principle of benefits,draw lessons from Taiwan labor discipline,divides the Taiwan employees’ labor dispute into adjustments and rights,and establish an independent labor dispute mediation committee;Make specialization of arbitration,implement the two ruling final;establish a special labor dispute court with professional system of chief umpire,thus effectively protecting the rights and interests of Taiwan employees in Fujian free trade zone.