A Comparative Study Of Cross-strait Labor Dispute Mediation Systems

With the development of the economy and society,the number of labor dispute cases continues to increase.In order to meet the needs of dispute resolution,the two sides of the Taiwan Strait have established corresponding labor dispute handling mechanisms.Among them,the labor dispute mediation system has the special significance of intercepting disputes,preventing and resolving disputes,quickly handling disputes,and maintaining the stability of labor relations.It is an important means of handling labor disputes.However,the operating effects of the labor dispute mediation system across the Taiwan Strait are quite different in practice,and the relevant systems in the mainland have not performed well,failing to give play to the unique advantages of mediation.On the basis of clarifying the existing problems of the labor dispute mediation system in the mainland,this paper provides suggestions for improving the labor dispute mediation system in the mainland from the perspective of comparing and learning from the relevant system design in Taiwan.The reform should focus on the choice of labor dispute mediation models in the mainland,and the government-led administrative labor dispute mediation model should replace the existing social labor dispute mediation model,from the scope of mediation application,mediation organization and mediator team,and mediation procedures.The four aspects of the rules and the legal effect of the mediation agreement are set to build a labor dispute mediation system that is "universally applicable,unified in organization,professional in personnel,and clear in effectiveness".