Research On The Connection Between Labor Dispute Arbitration And Litigation

Fair,just and more efficient resolution of labor disputes is related to the protection of the legitimate rights and interests of laborers,the happiness and gain of hundreds of millions of laborers and their families,and the stability and development of society.The "Labor Dispute Mediation and Arbitration Law of the People's Republic of China"stipulates that after a labor dispute occurs,the laborer can reconcile with the unit.If the reconciliation fails,the mediation organization can conduct mediation.solve.Due to the way of arbitration and litigation,that is,the “first trial and second instance” labor dispute settlement mode,the rights protection period is long and the cost is high.Unless absolutely necessary,workers usually do not follow the “first trial and second instance”to deal with them.Even though the Mediation and Arbitration Law stipulates that matters such as recourse for labor remuneration,medical expenses for work-related injuries,economic compensation or compensation can be "finally settled" under certain conditions,which shortens the link of labor rights protection to a certain extent,but in the end "one The "final judgment" is only applicable to some cases with a small amount of disputes,and the scope of application is extremely limited.A large number of non-"final judgment" cases still need to be resolved through the "first judgment and second instance" labor dispute processing model.There is no affiliation between arbitration and the court system,they are two parallel links in the resolution of labor disputes.Although the current "Labor Dispute Mediation and Arbitration Law of the People's Republic of China","Labor and Personnel Dispute Handling Rules","Interpretation of the Supreme People's Court on the Application of Law in the Trial of Labor Dispute Cases(1)" and other laws and regulations and judicial interpretations There are provisions for convergence,but due to the wide-ranging and complex relationships involved in the convergence of adjudication and adjudication,the above-mentioned laws,regulations and judicial interpretations have very few provisions on convergence,and some of the provisions are ambiguous,which leads to the emergence of labor dispute arbitration institutions and courts in judicial practice.The important reasons for the phenomenon of separate administration and different applications are not conducive to the protection of laborers' rights and interests.There are many problems in the connection of arbitration and adjudication,for example,the inconvenient setting of jurisdiction between labor dispute arbitration and litigation,the inconsistency of appeals in the connection of arbitration and adjudication,the inconsistent application of evidence in arbitration and litigation,the low authority of the award due to the failure of the court to hear the arbitration award,and the labor dispute.The application of the statute of limitations for disputes and litigation is confusing.If these problems are not effectively resolved,the rights and interests of workers will not be effectively protected.The key to solving the problem is to accurately identify every obstacle in the connection of adjudication and adjudication.Targeted countermeasures are put forward to make up for legal loopholes one after another.Only in this way can the adjudication and adjudication linkage mechanism be more sound and efficient,and can truly become a"sharp weapon" for safeguarding the rights and interests of laborers.