Simplify Procedures And Speed Up Handling Labor Disputes

The labor law of China stipulates: "after the occurrence of a labor dispute, the parties may apply for mediation to the labor dispute mediation committee of their unit. If mediation fails, the parties concerned may apply for arbitration to the labor dispute arbitration committee if they request arbitration. One party may also apply directly to the labor dispute arbitration committee for arbitration. If he disagrees with the arbitration award, he may bring a suit in the people's court. " This means that Lu's rights protection should start at least from the application for arbitration, and only after an arbitrator can sue the court.

According to the current labor law and civil procedure law, the arbitration procedure takes 2 to 3 months. The first instance and second instance procedure also go through 3 to 6 months, and they can be extended if necessary. As a result, a labor dispute resolution usually takes 8 to 11 months to complete. After the labor dispute is first arbitred, the procedural design of the litigation leads to a very long litigation process.

Jiang Junlu believed that labour law This provision has caused litigation to both parties. It was originally a quick solution to the arbitration procedure for labor disputes, but in practice it became a tool for delaying liability. In recent years, the number of cases in which cities such as Beijing and Shanghai refuse to obey the labor arbitration to the court have risen sharply, and the original intention of solving the labor disputes in the arbitration stage has not been realized. The rationality of the design of the legal system should be reflected.

Zhang Gong, President of the six people's Court of the first intermediate people's Court of Beijing, said that in practice, some parties deliberately did not provide relevant evidence in the arbitration stage. They only regarded arbitration proceedings as an interlude, until the end of arbitration, and then instituted a lawsuit in accordance with the law, and deliberately delayed the settlement of disputes.

Faced with this situation, Zhang Gong suggested that labor disputes should be ruled. Two trial system Indeed, many problems have been exposed in practice, and these problems can only be solved by modifying the law. As the applicable Department of law, the court can only make discretionary efforts in the existing legal framework to promote fairness and justice in solving labor disputes.

"For example: Aiming at Arbitration stage If a party who does not give evidence, after entering the court stage, he may ask for an enhanced explanation. If there is no justification, the court can adjudicate the adverse consequences. " Zhang Gong also pointed out that if we can make better arrangements for the convergence of the two procedures at the legislative level, such as the fact that the arbitration stage can be reasonably used in the litigation stage, it can be regarded as a feasible measure.

Experts pointed out that there are many claims in the ways and procedures of labor dispute settlement, such as cancelling the mandatory provisions in the preposition of labor dispute arbitration, giving them to the parties, especially the laborers' free choice, or strengthening the connection between the two procedures, and establishing a summary procedure for labor disputes. The fundamental starting points of various propositions should be to solve labor disputes more effectively, to protect workers more effectively, to promote economic development and to achieve justice in the labor field.