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The Shortage and Perfection of the Current Labor Dispute Arbitration System of China

Author: ZhouZhongRui
Tutor: ShenQiaoLin
School: Jiangxi Normal University
Course: Constitutional and Administrative Law
Keywords: Labor Disputes Labor arbitration Labor arbitration committee Tripartism
CLC: D922.591
Type: Master's thesis
Year: 2010
Downloads: 368
Quote: 0
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Abstract


With the deepening of reform and opening up, further establishing the socialist market economy, China's labor system has undergone profound changes. The international financial crisis, the occurrence and spread so that our labor system defects and deficiencies can be fully apparent, labor disputes increased dramatically, greatly shaken labor relations, affecting the social stability. Based on the development in the history of the formation of China's current labor dispute handling mechanisms, including negotiation, mediation, arbitration and litigation and other systems. Labor dispute occurred, the employee may consult with the employer, it can ask union and the employer or a third party jointly negotiate a settlement agreement; parties unwilling unsuccessfully to negotiate a settlement agreement or non-performance of the organization can apply for mediation mediation; unwilling to conciliation or mediation fails or does not perform mediation agreement is reached, it may apply to the labor dispute arbitration committee for arbitration; refuses to accept the arbitration, unless otherwise provided by law to the people's court proceedings. Labor arbitration proceedings will be pre-set program, we hope to solve the labor arbitration of labor disputes can become the main way to achieve labor cases to the Court of traffic diversion. But labor arbitration in reality it did not play to the desired effect. In this paper, based on the combination of own practice research analysis found that the labor dispute arbitration committee for the establishment and operation mode to make it with a strong administrative color; arbitrators quantity can not meet the real needs; low barriers to entry, the arbitrator is difficult to make people fully trust the quality of the fairness of the arbitration results; labor arbitration and labor litigation has not been effective convergence; arbitration committee of labor and work supervision mechanism arbitrator unsound. Through the foreign labor dispute handling mechanism study, combined with the practical needs of the labor arbitration made the following recommendations: reform the labor arbitration committee organizational structure and personnel composition, weakening labor arbitration committee administrative color, the implementation of the tripartite mechanism; reform labor dispute arbitrator appointment system, guarantee the quality of arbitrators, while increasing the number of arbitrators, labor dispute cases to meet surge requirements on the number of arbitrators; perfect pre-arbitration procedures, reconstruction labor arbitration and labor relations litigation; founded union grievance representative system; given the necessary labor arbitration committee coercive measures and the corresponding powers of punishment, while the labor dispute committee to exercise effective oversight and arbitrators.

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CLC: > Political, legal > Legal > Chinese law > Labor Law > Labor dispute handling the Act
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