Mainland And Hong Kong Labour Dispute Resolution Case Study

Since modern times, labor disputes always be a problem in modern society. It arising from sustainable development and still happened frequently. This problem is not only related to personal rights, maintenance of individual workers of the right to health, but also affect the economic development and social stability of the country.In recent years, Mainland labor disputes per year growth rate of 28%, while the current labor dispute case processing system is "a tune of a second trial," the program links and more time-consuming. An ordinary labor dispute cases usually takes nearly a year. The purpose of the legal system of labor also is to coordinate and resolve conflicts of interest between the two sides of labor relations, labor and capital to achieve winwin situation. Therefore, even though the " Labor Law of the People’s Republic of China ", " Labor Contract Law of The People’s Republic of China ", "Labor Dispute Mediation and Arbitration Law " and other laws, relevant judicial interpretation of laws and regulations to improve after another, but there are still many workers difficult to maintain their rights.The services sector in Hong Kong is highly developed, the total labor force population ratio of nearly 50%, which makes harmonious labor relationship has become a key factor in the harmonious society in Hong Kong. Major existing labor legislation include the law "Employment Ordinance", "Trade Unions Ordinance", “Employees’ Compensation Ordinance” and various occupational regulations to deal with labor disputes". After the reunification of Hong Kong government, in order to achieve the purpose of better coordination and regulation of labor relations, According to the objective needs of economic and social development, the government has been modified and perfected the labor law system as well as some related to labor rights regulations. Therefore, Hong Kong’s experience is worth learning.By comparison the similarities and differences between the mainland and Hong Kong in labor disputes settlement process and the difference between the law; and put forward some personal opinions and recommendations for the labor disputes trial activity in mainland involved in relevant further improvement. I hope this article will help both workers and employers in their legitimate rights, while helping reduce the risk of illegal failure to understand the difference between the two labor laws, maintaining harmonious and stable labor relations and achieve win-win situation for employees and employers.