Study On The Litigation Settlement Mechanism Of Mass Labor Disputes

In today’s society,mass labor disputes occur frequently,which bring severe challenges to labor relations and even social order.As the final way of protecting laborers’ rights,judicial approach is of great significance in protecting laborers’ rights and interests and maintaining social fairness and justice.This paper first defines the concept of mass labor disputes,and then summarizes the reasons which leading to their frequent occurrence.On this basis and then proceed from the practice,using the key words for the strike and labor dispute’s judgment documents for the sample analysis.It is found that under the reality that the legislation of the collective action of laborers is not complete,the judicial judgment is generally based on the perspective of individual labor disputes and the trial logic of whether the rules and regulations of the employing unit are legal,so as to solve the entity and procedural disputes arising from the collective action of laborers.This practice of trying to avoid legislation so as to take an evasive attitude towards the strike action taken by mass laborers in the judgment will not only result in different judgment results of the same case,but also damage the credibility of the court.At the end of the paper concludes that to solve these problems,it needs further perfecting the collective labor dispute litigation settlement mechanism,the concrete measures to establish emergency mass labor dispute processing mechanism,set up the system of collective action to calm period,elected demonstration collective labor dispute cases,set up a system of return visits after the event system,and so on a series of measures,at the same time promoting the rights of collective labor dispute way namely collective action for the legislation.Only in this way that the settlement of group Labor disputes can be guided to the track of rule by law.Only by establishing such an effective litigation resolution mechanism for collective labor disputes can the court make the judgment be based on the law and further promote the construction of a harmonious society.