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Major Developed Countries Labor Dispute Handling System Research and Insights

Author: LiHeng
Tutor: HuJiaQiang
School: Ocean University of China
Course: Law
Keywords: Labor dispute resolution system Arbitration Litigation Labor court
CLC: D922.5
Type: Master's thesis
Year: 2010
Downloads: 577
Quote: 1
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Abstract

As China’s market economy development and the deepening of the reform of public ownership, the private economy has continued to grow, labor relations and the increasingly complex and at the same time, the labor consciousness awakening of enhanced awareness of worker rights and labor dispute settlement mechanism of the law also makes no sound industrial relations the need for further adjustments. China’s current labor dispute handling system during operation exposed all the flaws can no longer meet the needs of social development. Is mainly manifested in the "one cut two trial" part of the labor dispute over processing mode, the cycle is too long, on the contrary, labor dispute arbitration and litigation of the limitation period is too short, not conducive to safeguarding the legitimate rights of the parties; the civil nature of the labor dispute arbitration lack of virtual-based arbitration proceedings; labor dispute in civil court trial by the court in accordance with civil proceedings, can not meet the labor dispute in professional, social and efficiency requirements, and so on. These problems have affected the health of the socio-economic development, and to deal with China to reexamine this system, perfect.In other countries, with the labour movement of turmoil, the labor dispute handling system became a legislative and judicial issues of concern, States have their labor dispute handling system for the reform. The legislation has much experience, such as the labor dispute handling of rights dispute with interests dispute, and has different handling procedures; Germany labor dispute handling agency in the labour courts and Social Security Court, respectively, of different stages of the labour disputes in the case, the Labour Court only accepted individual labour disputes, not to hear collective disputes, Japan’s individual labor dispute handling system is also a distinct characteristics.The main purpose of this paper by studying the major developed countries of the labor dispute handling system, from various countries of the labor dispute handling institutions, handling, processing time, the Legislative Summary technical and other aspects of their operating mechanism, and thus learn from each other, is to establish and perfect for our conditions of the labor dispute handling system. For the reform of China’s labor dispute handling system should first reform of the current "one cut two trial" model, the implementation of a compromise two-track system, that is, a labor dispute arises, the parties may apply for arbitration, the arbitration award is dissatisfied, he may apply for the people’s court against an arbitral award judicial review; the parties may or may not directly accountable to the people’s court through arbitration proceedings. Compromise a dual system will take into account the current labor dispute handling reforms, and to avoid a stormy the reform of the existing legal system of severe shocks; respect for the parties the choice of procedures and the right to appeal, and also conducive to labour disputes in the fast and efficient. People’s courts labour dispute cases, the People’s Court within the Labour Tribunal in accordance with labour disputes special procedures for processing. labor dispute proceedings in civil proceedings, in accordance with emphasis on mediation, real justice, fast and efficient principle, the trial period, the trial sessions, the onus for upgrading to meet labor dispute trials. Through such a transformation, and supported by matching system reform, to develop a labor dispute system reforms.Article 4, the first chapter focuses mainly on the labor dispute handling system, the basic principles from a labour dispute and the system of the basic tenets, controversial system features three part analysis on. Chapter 2 focuses mainly on the major developed labor dispute handling system and selectively from USA Germany, Japan, France and other developed countries labor dispute handling system of the basic framework, controversial System for Analysis. Chapter 3 focuses mainly on the labor dispute handling system of the status quo and shortcomings, mainly from the labor dispute handling system’s history, and the shortcomings and initiate research and analysis. Chapter 4 focuses mainly on the labor dispute handling system reform ideas, from the controversial reforms in macroeconomic ideas and reform of the major measures for China to perfect the system

Major Developed Countries Labor Dispute Handling System Research and Insights

Abstract

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