群体劳动争议的法理辨析与化解对策

Legal Analysis and Solutions of Group Labor Dispute

现实中大量存在的群体劳动争议是劳资纠纷的新趋势,其并非基于集体合同引发,且混合权利之争和利益之争,与集体劳动争议有明显区别。当前的群体劳动争议诉求标的多元,涉及人数增多,易引发集体行动事件,规范性与无序性并存,现实中该争议解决方式单一,仍以仲裁和诉讼为主,探索群体劳动争议的化解应采用诉讼和非讼的多元方式,改变现有司法和非司法机构的设置,强化调解、集体协商、诉讼机制的实效。

A large number of group labor disputes in reality is a new trend of labor dispute. It is not based on collective contracts, both rights dispute and interest dispute, so it is obviously different from collective labor dispute. Group labor disputes easily lead to collective action events because of more demands and participants, it seems both normative and disorderly. Arbitration and litigation still are main dispute resolutions.We should explore litigation and non-litigation ways to resolve group labor disputes, change settings of judicial and non-judicial institutions, and enhanced function of mediation, collective consultation and litigation mechanism.