The Function Of Resolving Disputes Of Labor Supervision In China And Its Realization

China’s labor supervision is based on the essential inequality and imbalance of labor relations,focusing on the protection of the legitimate rights and interests of the "weak party" of the workers,employing units as the object of supervision,to ensure that the workers and employing units enjoy relative equal rights.Problems such as overdue payment of labor remuneration,illegal overtime work,failure to handle social insurance,illegal use of child labor,and failure to sign labor contracts are within the scope of responsibility of labor supervision and supervision.With the help of labor supervision,labor protection laws and regulations have been carried out and labor relations have been adjusted.Labor supervision,backed by the state’s coercive force,exercises public power to intervene in private rights in the field of labor,investigate and punish illegal acts of employers and protect the rights and interests of workers,and has administrative functions.At the same time,a magic weapon for inspection,supervision,labor conflicts and contradictions occurred before play its supervisory efficiency and supervise strictly abide by the labor and social security legislation,according to unit of choose and employ persons labor contract to perform its obligations,thereby to solve problem in the bud,or timely discover and involvement in labor disputes as soon as possible,with the function of resolving labor disputes.However,in the face of the new normal of the socialist market economy changing from high-speed growth to medium-low growth and the multiple pressures of intensified competition in the global market,employers take measures to strengthen the flexibility of employment and reduce labor costs,which aggravate the tension between enterprise development and labor rights protection.In addition,the development of digital technology and sharing economy has created platform-based enterprises,which not only promote market employment,but also bring regulatory difficulties to the protection of the rights and interests of flexible employment workers.In addition,the popularization of the Internet and information sharing have activated workers’ awareness of protecting their rights and expanded their means of protecting their rights.Workers have a clearer understanding of their labor rights and begin to actively exercise their rights to complain.In the face of social and economic environment,new technological change and labor consciousness change,labor supervision how to combine the functions of law enforcement and dispute to achieve compound efficiency,how to innovate the supervision way to achieve the modernization of dispute resolution function,how to improve the supervision mechanism to strengthen the supervision function,are all problems that need to be considered and solved.In practice,labor supervision fails to give full play to its administrative supervision responsibilities,effectively curb the illegal employment of employers,and effectively resolve labor disputes.It is difficult to prevent illegal employment and can only deal with complaint cases passively.Lack of linkage with multiple departments and organizations,unable to comprehensively manage the problem of labor rights protection;There are some problems such as lack of coordination and solving mechanism of labor supervision and inability of administrative functions to solve disputes.There are limited administrative penalty power,lack of administrative coercive power,can not regulate the illegal employment of employers from the perspective of administrative law enforcement;There are still some problems such as low quality,insufficient quantity,shortage of funds,and incomplete understanding of the role of labor supervision by local governments and employers.Improving labor supervision and law enforcement and strengthening the effectiveness of labor supervision in resolving disputes are related to the full implementation of labor security laws and regulations,the orderly development of market economy,the transformation of administrative functions and the important task of safeguarding workers’ rights and interests.To perfect the labor supervision and law enforcement and strengthen the effectiveness of labor supervision in resolving disputes,it is necessary to start from the aspects of perfecting the system,reorganizing the organization,strengthening the means,enriching the strength and ensuring the input.We can promote the "two network" management of labor supervision,innovate the way of labor supervision resolving disputes,improve the joint law enforcement and reconciliation mechanism between labor supervision and other departments and organizations,and integrate the construction of enterprise credit system into labor supervision,so as to improve the service level of labor supervision.We can establish a "diversified" mediation mechanism for labor supervision,explicitly empower and utilize administrative resources and advantages to combine supervision and law enforcement with dispute resolution,strengthen the hierarchical and standardized labor supervision mediation mechanism,and diversify the participants,establish a labor-capital communication and dialogue mechanism,and transform the mediation and handling mechanism for labor relations conflicts.We can strengthen the labor supervision,law enforcement and reconciliation of disputes,promote the labor supervision and law enforcement diversification,standardization of procedures,and improve the law enforcement power,so as to improve the standardization and effectiveness of dispute resolution.