内地与香港劳资争议解决实证研究

发布时间：2018-06-15 10:27

本文选题：劳资争议 + 仲裁解决　；参考：《深圳大学》2016年硕士论文

【摘要】：劳资争议是近代以来工业社会持续发展所产生且在现代社会中仍然时常发生又难以避免的一种社会问题。这个问题不仅直接关系到劳动者个人的人身权、健康权的维护,更间接影响到社会的稳定和国家的经济发展。近年来,内地劳资争议案件以每年28%的速度增长,而内地现行的劳资争议案件处理体制为“一调一裁二审”,程序环节多,耗费时间长。一件普通的劳资争议案件,通常要耗时近一年时间。劳动法律制度建立的目的也在于协调和解决劳资关系双方的利益冲突,实现劳资双赢,因此,尽管内地的《中华人民共和国劳动法》、《中华人民共和国劳动合同法》、《劳资争议调解仲裁法》等法律以及相关的司法解释和法律法规都相继完善,但是仍旧有不少劳动者诉权无门,维权艰难。香港地区的服务业高度发达,劳动人口占总人口数量的比例将近达到50%,这使得和谐的劳资关系成为了香港地区社会和谐的关键性因素。现有的主要的劳工法例包括保障基本工作待遇的法律《雇佣条例》,规范工会权利的《职工会条例》,关于保障工伤职业病的《雇员补偿条例》及各类职业病条例,处理劳资纠纷的《劳资关系条例》、《劳资审裁处条例》等。香港政府在回归后,为了达到更好的协调和调控劳资关系的目的,在原有的基础上根据经济和社会发展的客观需要,又对劳工法体系以及一些涉及劳工权益的条例进行了修改和完善,形成了一整套较为完善的制度。因此,香港地区的经验是值得我们借鉴和学习的。本文通过比较、分析内地和香港地区在劳资争议纠纷方面的解决方法的异同,对内地和香港地区劳资争议解决程序和法律中的区别进行分析比较;并为内地劳资争议审判活动中所涉及的相关问题的进一步完善提出一些个人见解和建议。也希望本文能够有助于在两地就职的劳动者更好的维护其合法劳动权益,同时帮助用人单位降低由于不了解两地劳动法律的区别而带来的违法风险,从而调和劳动者和用人单位之间的冲突和矛盾,维护劳资关系的和谐与稳定,实现劳动者和用人单位的双赢。
[Abstract]:Labor dispute is a kind of social problem which is produced by the sustainable development of industrial society since modern times and still occurs frequently in modern society. This problem is not only directly related to the personal rights and the right to health of the workers, but also indirectly affects the social stability and the economic development of the country. In recent years, the number of disputes between employers and employees in the mainland has increased at a rate of 28% a year. However, the existing system of handling disputes between employers and employees in the mainland is "one adjustment, one cut and two trials", which has many procedural links and takes a long time. An ordinary labor dispute usually takes nearly a year. The purpose of the establishment of the labor legal system is also to coordinate and resolve the conflicts of interest between the two sides of labour relations and to achieve a win-win situation for both parties. Although the mainland's Labor Law of the people's Republic of China, the Labor contract Law of the people's Republic of China, the Labor dispute Mediation and Arbitration Law, and other laws and regulations, as well as relevant judicial interpretations and laws and regulations, have been improved one after another. However, there are still many workers without access to the right to appeal, rights protection is difficult. The service industry in Hong Kong is highly developed, and the proportion of working population to the total population is nearly 50%, which makes harmonious labor relations become the key factor of social harmony in Hong Kong. The main existing labour laws include the Employment Ordinance, which protects the basic working conditions, the Trade Union Ordinance, which regulates the rights of trade unions, the employees' compensation Ordinance, and the various occupational disease regulations on the protection of occupational diseases. The Labour Relations Ordinance, the Labour Tribunal Ordinance, etc. After the reunification, in order to achieve better co-ordination and regulation of labour relations, the Hong Kong Government has, on the basis of the original basis, taken into account the objective needs of economic and social development. The labor law system and some regulations concerning labor rights and interests have been revised and perfected, forming a set of relatively perfect systems. Therefore, the experience of Hong Kong is worthy of our reference and learning. This paper analyzes the similarities and differences between the mainland and Hong Kong in the settlement of labor disputes, and analyzes and compares the differences in the procedures and laws of labor dispute settlement between the mainland and Hong Kong. And put forward some personal opinions and suggestions for the further improvement of the related issues involved in the labor dispute trial in the mainland. I also hope that this article can help workers working in both places to better safeguard their legitimate labor rights and interests, and at the same time help employers reduce the risk of violating the law because they do not understand the differences between the labor laws of the two places. So as to reconcile the conflicts and contradictions between workers and employers, maintain the harmony and stability of labor relations, and realize the win-win situation between workers and employers.
【学位授予单位】：深圳大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.591

【相似文献】