劳动争议仲裁前置原则质疑

The Question on the Principle of the Pre-Placement of the Labor Dispute Arbitration

劳动争议仲裁前置是我国目前处理劳动争议的一项重要原则,实践当中,其弊端日渐明显。文章通过对市场经济条件下劳动争议特点的分析,从理论上对劳动争议处理模式进行重新构建,以切实维护劳动者和用人单位的合法权益。

The pre-placement of the labor dispute arbitration is an important principle in tackling labor dispute in China at present,however,its defects become more and more obvious in the course of its practice.The paper analyses the characteristics of the labor dispute under the condition of market economy,points out its defects and attempts to reconstruct the mode of tackling labor dispute theoretically,hoping that the legal rights of laborers and employing units will be safeguarded.