Improving Labor Dispute Handling Efficiency

"Labor is the foundation of social development.

In order to maintain the harmonious relationship between the legitimate rights and interests of workers and labor relations, the efficiency of labor dispute handling should be higher than that of ordinary civil cases, but the reality is not optimistic.

Huang Long, director of the labor disputes division of the National Federation of trade unions, said.

It is understood that many labour disputes are mixed with labor laws.

It should be solved through labor supervision, such as labor contracts, arrears of wages, refusal to pay economic compensation, no payment of social insurance, violation of the rights and interests of women workers and so on.

There are many labor dispute handling procedures, some cases have a long processing cycle and low efficiency, which brings great burden to workers.

The current law stipulates that ordinary labor disputes can be passed through three procedures: arbitration, civil litigation, first instance and second instance; work-related injuries and other special labor disputes can be followed by seven procedures: industrial injury identification, administrative reconsideration, administrative litigation first instance, second instance, labor dispute arbitration, civil litigation first instance and second instance.

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Taking into account the rapid handling of labor disputes, such as simple, small labor disputes, "one final decision".

However, because of the strength and weakness of labor force, if the useful unit fails to exhaust the labor dispute, all the procedures of "one trial and two trials" will achieve the purpose of dragging down workers.

Processing time will be greatly extended, increasing the cost of laborers' rights protection, and many workers have to give up their legitimate rights.

Huang Long said.

In reality, there are many such cases, especially some.

For 35 years, the extreme cases are seven or eight years, or even longer.

Late justice shines, and some workers do not wait for justice.

Experts believe that the existing labor dispute handling includes consultation, mediation, arbitration and litigation. On this basis, it is necessary and feasible to establish an organic and unified labor dispute settlement system.

Han Xu, a researcher at the Beijing Yi Lian labor law assistance and Research Center, said that the authority of labor arbitration should be enhanced, and the convergence of arbitration and litigation should be strengthened, the process should be streamlined, and labor disputes should be handled efficiently and conveniently.

Huang also suggested that a special labor case trial institution or trial organization should be set up to try labor dispute cases professionally.

"This is consistent with the development trend of the professionalization of trial work, and can be referenced by international experience. It is also a realistic need for China to quickly and conveniently conclude more and more labor cases."

Huang Long said.