Beijing Chaoyang District Establishes Labor Dispute Mediation Mechanism

Reporters recently learned from the Chaoyang District general trade union of Beijing that the district has established a linkage mechanism for labor dispute mediation, which has made the labor dispute mediation work of the labor union work, and made up for the lack of legal professionals and mediators in the trade union, and broadened the way for trade unions to safeguard their rights.

According to reports, in recent 3 years, the average number of labor disputes in Beijing has increased by about 20% every year, while the labor dispute mediation organization in the city is decreasing at a rate of about 7% a year.

The main reason for this phenomenon is that the grass-roots mediation organizations are not sound. Some of the directors of the mediation committee are difficult to carry out the work by part-time administrative leaders. Some of the non-governmental enterprises' trade union chairmen are also employed by enterprises. Some of the parties (especially the enterprises) think that the trade unions are not neutral organizations, do not recognize mediation agreements, and make the labor dispute mediation agreement lack legal binding force, and the performance rate is low.

In view of this reality, in June 2007, Chaoyang District started the linkage mechanism of labor dispute mediation by the 4 departments of the District, the district labor and Security Bureau, the district court and the district Judicial Bureau, and established the labor dispute mediation center.

The people's mediation committee consists of members of the trade union, labor department and enterprise alliance, and is subject to the guidance of the Judicial Bureau, so that the mediation agreement issued by the center has legal effect.

The linkage mechanism stipulates that after the labor dispute occurs or after receiving the labor dispute mediation letter, the trade union can intervene. When the court accepts the case, the court may issue a mediation letter to the trade union, and the trade union can also intervene, thus forming an effective linkage between the labor dispute arbitration before the arbitration and the pre litigation mediation work.

After the court has pronounced the sentence, it is also the duty of the trade union to supervise the execution of the effective judgment document.

At the same time, the linkage mechanism reduces the links of labor arbitration and judicial proceedings, improves the success rate of mediation, and guides the disputes in a short period of time through the guidance of professionals and lawyers, thus shortening the mediation period and improving efficiency of dispute cases.

Six months ago, the Chaoyang District Federation of trade unions mediation cases 617, involving 3947 people, is nearly 3 years the total number of mediation cases 6 times.