群体性劳动争议诉讼解决机制研究

Study on Lawsuit Settlement of Group's Labor Dispute

群体性劳动争议争议主体人数多、处理困难和社会影响大,针对群体性劳动争议案件,法院可选择适用共同诉讼和代表人诉讼。但共同诉讼适用范围有局限,代表人诉讼制度也存在诸多缺陷。鉴于我国群体性劳动争议诉讼机制的适用困境,建议改进代表人诉讼制度的同时,引进团体诉讼制度。

There are some characters of group labor dispute,such as the large number of parties,the sharp contradiction between parties,difficult to settle and so on. There are two procedures to settle group labor dispute,one is colitigant and the other is representative action. Representative action should be improved because there are some defects in it. Furthermore,we should set up the class action.