Research On The Problem Of Labor Dispute Mediation In China

With the rapid development of China's economy and the accelerated pace of economic restructuring and upgrading,the connotation of labor relations has become diversified and complicated.Under the new economic situation,labor relations have caused a great impact on the inherent labor relations system,which is directly reflected in the large increase in the number of labor dispute cases.Proper handling of contemporary labor disputes is of self-evident importance to the construction of harmonious labor relations,which makes labor dispute mediation procedures emerge as The Times require.Laborer is the greatest power to promote the economic development of our country,our country labor law,legal age is 16 years old,in accordance with the provisions of the law or contract,under the management of unit of choose and employ persons engaged in productive labor and paid for workers,namely this identity can't be lost until laborer reach legal and emeritus age.In the face of such a large group,disputes are inevitable.However,how to settle the dispute within a reasonable range is something we need to think more about.Therefore,to strengthen labor legislation and establish a unified practical guidance system is of great significance and function not only for safeguarding the rights and interests of laborers,but also for maintaining social harmony and stability.Moreover,it promotes the legal employment under the new economic situation.This paper studies the labor dispute mediation procedures in China,analyzes the existing problems,and puts forward the corresponding countermeasures and Suggestions.This paper argues that the current problems in China's labor dispute mediation procedures mainly lie in the formalization of the mediation procedures before arbitration,the non-standard mediation procedures,the ineffectiveness of the mediation procedures,the long mediation cycle of arbitration proceedings,the shift of legal responsibilities to each other,and the unclear supervision procedures.According to the analysis of foreign labor dispute mediation program,combined with the precious experience of abroad,this paper advances some Suggestions on the perfection of our country labor dispute mediation procedure,think that China should set up government-led labor dispute mediation organization,build harmonious mechanism of mediation,mediation for necessary procedures,boot cut v.docking,strengthen the effect of conciliation proceedings,strictly regulate the mediation application deadline,avoid long not definitely,reform “arbitration front program”,and also should strengthen the supervision of labor dispute arbitration system.