劳动争议处理中的协商制度刍论

A Brief Discussion on the Consulting System in the Process of Solving Working Disputes

在我国劳动争议案件特别是群体性劳动争议数案件持续上升的情况下,劳动争议存在着个别协商被摒弃、集体协商流于形式、群体性劳动争议协商缺失等问题。其形成原因,一是协商制度法律地位不足,二是工会组织职能错位。今后应遵循公平、简便、快速和稳定的原则,努力对劳动争议协商制度作进一步的完善。

Under the circumstances of increasing of working dispute,especially the group working disputes,there are some problems in the process of solving working disputes.The first one is that the individual consultation is ignored in the process.The second one is that the collective consultation is apt to be formed.The third one is that there is lack of collective consultation in the process.There are two reasons for those.One islack of legal position for consulting system.The other is that the trade union plays a wrong role in the process.In the future,we should obey the rules of faire,convenient,swift,and stable to perfect the consulting system for working disputes.