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随着城镇化阶段的加速发展,我国的劳动争议在总体上已经呈现出“争议的总量不断增多、争议涉及的当事人数量不断增大、争议涉及的内容不断多元化、复合化”等新的特征,这些新特征对我国劳动争议解决机制解决劳动争议的效率度、解决劳动争议结果的公平度及劳动争议之解决主体的专业素质都提出了更高的要求。但是,我国现行劳动争议解决机制建立在城镇化初期的社会背景下,其已有的立法变革仍不能有效应对当前因城镇化加速发展的社会背景而在总体上已经呈现出新特征的劳动争议。我国现行劳动争议非诉解决机制中的协商机制不能保障和解协议的自愿性和公平性,调解机制不能保障调解协议的效率和公平,仲裁机制不能保障仲裁裁决的公平和效率,解决主体的专业素质不能保障解决争议的公平。为此,我国应通过强化政府作为第三方的作用并保障仲裁机构的独立性和中立性、区分劳动争议的类型并设立专门的集体劳动争议解决机制、理顺劳动争议不同解决方式间的关系并提高非诉解决机制之争议解决主体的专业素质等措施来优化现行劳动争议非诉解决机制。
With the accelerated development of the urbanization phase, the labor disputes in our country have shown on the whole that "the total amount of disputes is on the rise, the number of parties involved in the dispute is constantly increasing, the content involved in the dispute is constantly diversified, and the number of parties involved in the dispute is increasing. These new features put forward higher requirements on the effectiveness of the labor dispute resolution mechanism in solving labor disputes, the fairness of resolving the labor disputes and the professional quality of the labor dispute resolution body. However, under the social background of the initial urbanization, the existing labor dispute resolution mechanism in our country still can not effectively cope with the current labor dispute with new characteristics in general as a result of the accelerating urbanization. The negotiation mechanism in the current labor dispute non-settlement mechanism in our country can not guarantee the voluntariness and fairness of the settlement agreement. The mediation mechanism can not guarantee the efficiency and fairness of the mediation agreement. The arbitration mechanism can not guarantee the fairness and efficiency of the arbitration ruling and solves the professional quality of the subject Can not guarantee the fairness of dispute resolution. To this end, our country should strengthen the government’s role as a third party and guarantee the independence and neutrality of the arbitration institutions, distinguish the types of labor disputes and set up a special collective labor dispute resolution mechanism to rationalize the relationship between different solutions to labor disputes Improve the professional quality of the non-litigation settlement mechanism of the dispute resolution and other measures to optimize the current labor dispute non-litigation resolution mechanism.