中国内地与香港劳动争议解决机制比较研究

Comparing the Labor Disputes and Solutions in the Mainland and HK

随着内地与香港经济贸易等各个方面的合作日益密切,两地人才流动日益频繁。但是,由于两地的法律体系有着巨大的差异,使得内地和香港地区劳动法律也存在着很大的差别。因此,本文通过比较、分析内地和香港地区的劳动争议的解决的区别,让大家对内地和香港地区劳动争议法律的区别有一个大概的认识和了解;并为我们内地劳动法有关方面的进一步完善提出个人见解和建议。希望本文能够有助于在两地就职的劳动者维护其合法劳动权益,同时帮助用人单位降低因为不了解两地劳动法律的区别而带来的违法风险,从而维护劳资关系的和谐、稳定,实现劳动者和用人单位的双赢。

With the increasingly close cooperation between the mainland and Hong Kong in economy and trade and some other aspects, migration of talents in the two places becomes more frequent. However, the sharp distinction between both regions＇ legal systems leads to a big difference between their respective labor laws. In this article, by comparing the differences in the solutions to labor disputes, we give a general idea about the differences in the laws of labor dispute between them. We furthermore put forward some suggestions on improving the mainland＇ s Labor Law. We hope that this article can be helpful not only to the employees working in these regions for protecting their legal rights, but also to the employers for lowering the risk of offence arising from their ignorance of those differences. Doing so can maintain a harmonious and stable labor relation between both regions and realize a win-win situation.