Research On The Optimization Of The Basic Administrative Mediation Mechanism For Labor Disputes In Shanghai

With the deepening of the market economy system reform and the increasing awareness of the legal rights protection of labor and capital,the labor capital relationship has become the most significant kind of people’s livelihood relationship.The legal power of laborers is directly related to life and work.Therefore,the labor relationship has gradually become one of the basic social relations in China.As an expression of the intensification of labor relations,whether labor disputes can properly resolve the protection of workers ’legitimate rights and interests and the healthy development of enterprises will affect the construction of a harmonious society.As the "basic line of defense" for resolving labor disputes,the grass-roots mediation system of labor disputes can resolve disputes in a timely and effective manner,and resolve conflicts at the grassroots level and resolve the embryonic state.This is the best way to solve labor disputes.However,due to the existence of some problems such as mediation mechanisms,mediators,mediation effectiveness and other issues in the grass-roots mediation system of labor disputes,the mediation at the grassroots level has not been able to play a maximum role,and labor disputes cases remain high,and collective work stoppages and mass events occur from time to time.According to the statistics of the Labor Department,the trade union mediation department and the legal aid center,in 2017 alone,the number of labor disputes in District J reached 2,307.Such a large number of cases,for the local,disposal department and disposal of individuals have put forward extremely high requirements.The basic administrative mediation system of labor dispute discussed in this paper refers to the administrative mediation organization at the grassroots level.For example,the People’s Mediation Committee of a street labor dispute in the J district is the administrative mediation organization at the grassroots level.This is mainly due to the fact that since 2016,after Shanghai’s labor dispute cases have completely sunk into township mediation,most labor dispute cases have directly flooded into grassroots administrative mediation organizations with administrative nature.Based on the current situation and influence of the administrative mediation organization at the grassroots level,this paper analyzes the status and function of theadministrative mediation system at the grassroots level of labor disputes,and points out the crux of the system,personnel,mediation force,and mediation effectiveness.Finally,the author puts forward some suggestions for the improvement of the mediation system of labor dispute grassroots organizations,including the participation of judicial mediation,the support of labor arbitration,and the participation of labor supervision.This paper focuses on the current situation of administrative mediation at the grassroots level of labor disputes,the difficulties and challenges faced by the current administrative mediation at the grassroots level,and the common role of various forces in the context of "great mediation".In particular,labor inspection as a supplementary force to participate in the feasibility of grassroots administrative mediation to analyze the view of more effective mediation mechanisms.This paper will focus on making a graphic analysis of the current situation of mediation in the grassroots administrative mediation organizations of labor disputes,and discuss the feasibility of the supplementary force of labor supervision in the light of the actual cases of labor supervision participating in mediation.It seeks to improve the current methods of handling labor disputes,and puts forward relevant suggestions to give full play to the effectiveness of "great mediation" and greatly improve the power of grassroots administrative mediation in labor disputes.