The Classification Of Labor Dispute Handling Mechanism In China

Labor dispute is a dispute based on the labor relation between laborers and the employing units. Labor dispute does not only go against the realization of legitimate interests of both parties, but also seriously affect social stability and economic development. In order to deal with it, all countries all sets up many special resolving systems to solve labor dispute timely. In 1987, China officially recovered labor disputes resolving system. However, with the economic development, the number of the labor dispute cases has been increased largely in recent years and the relationship of the cases are more complicated. The existing solving system of labor dispute is facing many challenges and it is not able to adjust to the needs of social development. Therefore, many scholars have proposed that the existing mode should be reformed. In 2008, Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes come into effect officially, which made beneficial attempts, but unfortunately it also reserved the mode of "arbitration first, litigation second". This paper deems that this mode has met many barriers in theory and in practice, and it can not play its due role. So we should classify the methods of dealing with labor dispute, and introduce the concepts of dispute over rights and interests. The labor dispute cases should be distributed first, and then we set up different modes to solve them according to their own characteristics. Therefore, based on current legislation, this paper will combine with the present situation of labor dispute, analyze the disadvantages of current mode of resolving system of labor dispute, and then propose some suggestions on how to improve the labor dispute solving system.This paper includes four parts. Chapter one makes the researches on related theories of labor disputes. Firstly, this chapter gives the definition of the basic concept of labor disputes. Secondly, it analyzes the characteristics of labor disputes which are different from general civil disputes, such as, the inequality between the subjects, the convenience of the procedure and so on. Thirdly, the two kinds of classification standard for labor disputes have been evaluated, namely right dispute and benefit dispute, individual labor dispute and collective labor dispute. And then this paper makes a comparison between the two kinds of classification standard. At last, this paper contains a summary of China's current labor disputes resolving system. This system includes mediation, arbitration, litigation and other methods. Chapter two studies China's current labor disputes resolving system. This system recovered in 1987 and played a role in resolving labor disputes. However, with the profound economic restructuring and the increasingly complex labor relations, the existing mode has shown many disadvantages, for example, labor dispute arbitration lacks supervision, the authority of labor dispute arbitration is weakened, the system doesn't accord with the principle of procedural benefit, the system restricts the exercise of the party's litigious right and so on. All of these present that current labor disputes solving system can not meet the situation of labor dispute, so it should be reformed as soon as possible.Chapter three studies the necessity of constructing China's labor disputes classified processing mechanism.This paper this paper determines the value orientation of construction of China's labor disputes classified processing mechanism. And based on the function scope of civil jurisdiction, this paper proposes that the classification standard of right dispute and benefit dispute is suitable for our country, and it should be put into practice.Chapter four discusses how to construct China's labor disputes classified processing mechanism. Based on the classification standard of right dispute and benefit dispute, this part sets up corresponding resolving modes. For right dispute, the mode of "arbitration or litigation" should be established in our country, and the parties can make choices by their own. Meanwhile, for benefit dispute, arbitration should be used in judicial practice. Finally, this part puts forward some supporting measures to improve the system in order to ensure that the new mechanism will achieve the desired effect.