On The Completion Of The System Of Handling The Labor Dispute Of Our Country

As the planned economic system of our country is being transformed into market economic system progressively, relation and dispute of labor are becoming more complicated, the interests difference between enterprises and workers is more and more obvious, the cases of labor dispute increase year by year, and the dispute content is complicated further and diverse, the difficulty of handling them increases obviously. For safeguarding the legitimate rights and interests of parties of the labor dispute conscientiously, keeping the harmonious labor relation and social stability, Studying the tendency of the working relation at present, analyzing existing problem in the way of handling labor dispute of our country at present, improving system of handling labor dispute of our country, setting up new system of handling labor dispute and already that not only adapts to the national conditions of our country but also accord with law of market economical operation seems particularly important.On foundation of severe current situations and not good treatment states of the labor dispute of our country, this text analyzed problems that exist in operation of the system of handling labor dispute of our country, its drawback lies in difficulty to connect arbitration and lawsuit mainly,the procedural overlaps and waste; " tripartite principle " is merely nominal, can't give play to the role of due coordination; labor arbitration have institutional defect, difficult to guarantee fairness of arbitration; The processing procedure is miscellaneous, cycle is long, the cost is large, violated efficiency and benefit principle, can't protect the laborer's legitimate rights and interests and safeguard the harmonious work relation in time, effectively. Proved that fairness, efficiency, benefit are the value goal of improving the current system of handling labor dispute. Explained the academia advantages and defects of several kinds of theory views about system of handling the labor dispute. On this basis, combining the special properties of the labor dispute and the national conditions of our country, propose that handling system of labor dispute of our country should set up " whether mediate or decide, mediate or decide, select system by oneself, mediate first instance, decide,last instance two times ". Concrete suggestion: First, set up the labor adjudication division inside the people's court, concentrate on hearing the labor dispute case; Second, should reform the arbitration commission of the labor dispute in improving labor arbitration, establish the due legal status of the arbitral award, revise arbitrate prescription of the labor dispute to six months; Third, implementation of " tripartite principle " in all respects from organization, personnel, authority of assigning etc; Fourth, strengthen the principle of mediating, mediate by force; Fifth, expand the acceptance range of the labor dispute.