试析我国劳动仲裁制度的缺陷与完善

Analysis of Defects and Improvement of Labor Arbitration System in China

现行的劳动仲裁在我国实际运行中遭遇困境,难以适应当前劳动关系市场化、多元化、复杂化的需求。以劳动仲裁迅速、高效、低成本的柔性特征解决大部分劳动争议的立法初衷未能实现,劳动仲裁也丧失了其在劳动争议处理机制中应有的核心地位。本文分析我国劳动仲裁制度存在的缺陷,并提出一些完善建议。

The current labor arbitration encounters difficulties during its implementation and can not meet the demand of marketization, diversification and complication of labor relation. The original intention of legislative hasn＇t been realized with such features as quickness, highly efficiency and low - cost of labor arbitration. Thus, labor arbitration will lose its due core status in handling mechanism of labor disputes. This paper analyses some defects of labor arbitration system and put forward some suggestions to improve it.