劳动争议处理制度中三方原则的应用探析

Consideration of the Three Parties Principle in the Settlement of A Labor Dispute

我国劳动争议处理制度中的三方原则就是劳动争议处理机构由国家、劳动者和用人单位三方代表组成,共同完成劳动争议处理工作。三方原则在劳动争议处理制度中具有正义、民主和效率等价值。我国劳动争议处理制度在三方原则的应用上尚存诸多缺陷。依据三方原则完善我国劳动争议处理制度,劳动争议调解宜改为社会调解,劳动争议仲裁制度仍需完善,劳动争议诉讼也应引入三方原则,以满足劳动争议案件的特殊要求。

In the Three Parties principle, which has value of justice, democracy and efficiency, a labor dispute settlement organization shall be composed of representatives of the administrative department of labor, the staff and Workers, and the employing unit. However, the application of the Three Parties principle has lots of defects. In order to meet the specific demand of the settlement of a labor dispute, a labor dispute shall be settled through social mediation, the system of arbitration shall be improved, and the Three Parties principle shall be employed in a lawsuit.