Reflection And Perfection Of Labor Dispute Arbitration Proceedings

In recent years, the labor dispute caused extensive concern of the whole society. Inductrial injury, the labor contract, economic compensation and other related problems become the core and hot spots in the current our country labor dispute. The rapid growth of the national labor dispute cases. Efficient, convenient, timely and the market economy, conform to the social justice and efficiency value of labor arbitration proceedings, because its mandatory arbitration, the characteristics of a ruling under high incidence trend of labor dispute, the increasingly favor by workers, should be a rational choice to the rights of workers.On May1,2008, the law of the People’s Republic of China labor dispute mediation arbitration law "was promulgated, marked the our country labor arbitration proceedings to realize, there are laws is the opportunity to promote progress in labor arbitration system in China. But due to the planned economy of the mold and the influence of multiple factors such as the legislative level, it is difficult to quit its historical limitations, in terms of its main body, labor arbitration commission security administration tendency is serious, difficult to implement the three principles, the selection of arbitrators standard owe science; In terms of its program, the startup of arbitration procedure is not agreement between parties but law enforcement, prepositional procedure of arbitration is its internal injuries such as inseparable; In terms of its limitation, or of the statute of limitations during the period of limitation of arbitration is scheduled debate to an end, the count on the limitation of points is ambiguous.Market economy has three elements:one is the relationship between the government and the market, the second is contract relationship, the third is the labor relations. Timely correct scientific dealing with labor dispute, is of great significance. And is very important to establish perfect the labor dispute arbitration procedures. First of all, to implement the principle of the three parties, town government to remove the labor arbitration commission, the arbitration to a third party to impartially, this would also need to establish a scientific selection of arbitrators standards; Second, we need to respect the will of the arbitration the parties, the rights of parties involved in the reduction of building trial separation system; Finally, be clear from the legislation be calculated from the nature and on the limitation of arbitration, avoid leave grey area for labor arbitration.