劳动争议“一裁终局”制度改良路径新探

Research on the Improvement Path of Labor Dispute System of "One Arbitration as Final"

我国劳动争议之"一裁终局"制度是我国劳动争议解决机制的重要改革,但其缺陷明显,亟待修正。集体劳动争议不能适用"一裁终局",而应当以调解为主。个体劳动争议宜适用"一裁终局",但必须予以改良:一是厘清"一裁终局"之小额争议认定标准;二是均衡劳动仲裁双方当事人权益;三是扩大"一裁终局"的适用范围;四是实行仲裁和诉讼双收费制;五是修正仲裁裁决的生效时间。

The labor dispute system of ＂one arbitration as final＂ is an important reform of our country labor dispute settlement mechanism,but the defect is obvious,and should be revised urgently. Collective labor disputes can not be applied to the ＂one arbitration as final＂,but should be based on mediation. The individual labor dispute should be applicable to the ＂one arbitration as final＂,but it must be improved： Firstly,define the standard of small amount disputes in the ＂one arbitration as final＂. Secondly,balance the rights and interests of both parties in the labor arbitration. Thirdly,expand the scope of application of ＂one end of arbitration＂. Fourthly,implement double charges system of arbitration and litigation. Fifth,amend the effective time of arbitral decision.