我国劳动争议处理模式辨析及完善

Analysis and Improvement of the Model for settling Labour Disputes in Our Country

劳动法律法规的逐步完善和劳动者劳动法律意识的迅速提高,是今后一段时期我国劳动关系向着积极方向变化的基本因素,但这并不意味着劳动争议的减少。每一种处理劳动争议的模式都有其可取也都有其局限之处。多元化处理劳动争议是一个无可争辩的发展趋势。文章认为,建立跨企业社区劳动争议协商机构,建立区域性专业化调解组织,精简仲裁和诉讼程序,构建劳动公益诉讼制度,创新劳动监察机制等是完善各种模式、建立和谐的劳动关系的必要举措。

Gradual improvement of the labour law and regulations and rapid enhancement of employees＇ legal awareness constitute the basic factors for positive changes of our country＇ s labor relationship in the forthcoming period. However, this doesn＇ t mean that there are fewer labour disputes. Each labor dispute settlement model has its merits as well as its limits. It is a non - controversial trend to settle labor disputes in different ways. The author suggests a number of necessary measures with which we can improve various models and establish harmonious labor relations. The author argues for the establishment of cross - enterprise labour consultative organizations, for the setting up of regional professional meditative organizations, for the simplification of procedures of arbitration and litigation, for the building up of a labour litigation system for public interests, and for the creatition of a labor surveillance system.