Large And Medium-Sized Enterprises Should Set Up Labor Dispute Mediation Committee

The validity of the labor dispute mediation agreement is confirmed in the provisions. The twenty-seventh article stipulates that the mediation agreement that is effective shall be binding on both parties and the parties concerned shall perform it. At the same time, in order to safeguard the legitimate rights and interests of the parties in time and effectively, enhance the social credibility of the mediation organizations, and guide the parties to choose more mediation methods to settle disputes, the regulation clearly states that the parties can apply for arbitration review to the Arbitration Commission within 15 days from the date of the entry into force of the mediation agreement. After accepting the Arbitration Commission, the mediation agreement shall be examined, and a mediation agreement shall be issued on the basis of the fifty-fourth provision of the arbitration rules for the handling of disputes over labor and personnel disputes.

Although the regulations have a special and significant significance in comprehensively promoting the construction of harmonious labor relations, some scholars believe that there are still problems in the negotiation and mediation of labor disputes.

Liu Jun believes that the biggest problem in the "Regulations on the negotiation and mediation of labor disputes" lies in the fifteenth "labor mediation committee composed of representatives of workers and enterprises". "Mediation" is the solution of the third party's presiding or participation in the dispute of rights and obligations between the parties in a neutral position. Judging from the present composition of the mediators, there is no neutral third party at all. Even if a full-time employee is formed, there will be no third party because of the influence of the group. The full-time mediator system of foreign semi official institutions is worth learning from.

Li Xiong, an associate professor of the school of economics and law, Southwest University of Political Science and Law, told reporters: "the institutionalization of collective bargaining in China is still facing the problem of institutional" short board ", including the lack of collective consultative body construction, the lag of collective bargaining rules, and the shortage of collective consultation and supervision. This is the fundamental constraint on the labor dispute, consultation and mediation of enterprises. In terms of the provisions, "enterprises should establish a mechanism for communication and dialogue between employers and employees". Li Xiong believes that the balance and balance mechanism of the two sides should not be established as the core of the labor and capital management. Under the background of the lack of mutual trust between employers and employees, the so-called communication mechanism between employers and employees is only a beautiful but unrealistic illusion under the "inertia" of years of irregular labor and illegal employment.