A Study On The Dispute Handling Mechanism Of Innovative Labor In Wuxi Trade Unions

As China’s economic reform keeps progressing, the pace of industrial restructuring accelerates, the forms of employing in the enterprises become more complicated and the labor relations appeal to be more diverse. While the workers are more aware of defending their rights, different interests between employers and employees lead to growing contradiction and the labor disputes gradually enter a period of high incidence. The cases of labor disputes are revealing themselves at larger scale, more variety and greater handling difficult. The presence of a large quantity of labor dispute cases has certain impact on the harmonious labor relations and even the social stability and economic development, as a result the current mechanism of labor dispute handling, i. e.,"mediate and arbitration once each then trial twice", is now under challenge, the drawbacks of this mechanism are coming to the surface.Labor relations reflect the distribution of interests between labor and capital, which is a contradictory changing process. The conflicts and disputes between the employers and employees are the natural outcome of this relationship. Lacking of timely and efficient solution in such cases would harm the legitimate rights and interests of the workers. Trade union is the link and bridge between the party and the workers; it is the important social support force of the state power as well as the representative of the workers’interest. Protecting the workers’ legitimate rights and interests is the essential duty of trade union and attending actively in the labor dispute handling is among the most important means in which the trade union functions, and is also endowed by a series of laws including "Labor law","trade union law","Labor contract law ","Labor dispute mediation and arbitration law"China is currently under the important transition period of economy and society which particularly calls for the reasonable utilization the trade union as a democratic form in handling labor disputes, to help to build harmonious labor relations and to defend the workers’rights and interests more efficiently that they could share the achievement of the development of economy and society. Under the current mechanism of "mediate and arbitration once each then trial twice", trade union participates actively in the negotiation, mediation, arbitration and trial process, however, it lacks independence on aspects like economy and administration, the operational guidelines in the consultation are missing, its positioning is unclear in the transformation of the mediation system and the related functions about labor dispute handling is weakening. These problems limit its further intervention in the)rocess.This essay takes the participation of the trade union of Wuxi in handling labor disputes for example, via analyzing the limitation of its role and the causes of this situations, several tentative ideas such as repositioning the trade union, establishing warning system in labor relations and improving current handling mechanism, creating the interlocking and resolving system in dealing with labor disputes and strengthening the mediators ability and expertise are put forward. By exploring the new paths for trade union to perform in the labor disputes handling mechanism and constantly enhancing both the quality and efficiency of the mediation and conflict-resolving in the labor disputes cases, the general situation of the economic development could be served in a better way.