劳动争议基层调解制度重构初探
发布时间：2019-03-08 13:18
【摘要】：在建立和完善社会主义市场经济体制的过程中,我国市场化劳动关系逐步形成,劳动者与用人单位成为相对独立的利益主体。面对劳动力市场整体持续供大于求、劳动法律体系不够健全的形势,在劳动与资本的力量对比中,劳动者的弱势地位得到进一步加强,劳动者的合法权益屡遭用人单位侵害,造成劳动争议案件快速增加,对劳动争议处理体制形成严重挑战。基层调解作为解决劳动争议的“第一道防线”,由于制度设计等原因,没有充分发挥作用,导致大量劳动争议直接进入仲裁程序。在这一背景下,本文提出并论述了劳动争议基层调解的两个特点——程序的非严格规范性和结果的相对不确定性,这是准确理解劳动争议基层调解和全面审视劳动争议基层调解制度及其操作的基础。接着,本文重点分析了我国劳动争议基层调解的现状及制度弊端,指出重构劳动争议基层调解制度是必然选择。在借鉴市场经济国家劳动争议调解经验的基础上,提出重构劳动争议调解制度的初步设想:重新定位劳动争议调解的法律地位,增强调解的有效性和权威性:重新确立劳动争议调解的基本原则,提高原则的指导性:撤销企业劳动争议调解委员会,建立新型区域劳动争议调解组织。本文还以城市社区为例,探索新的劳动争议调解制度的实践途径,尝试构建新型社区劳动争议调解委员会。新型社区劳动争议调解委员会由企业、工会和社区三方组成,社区代表居中调解,将劳动争议调解作为社区建设的重要内容,促进社会和谐发展。
[Abstract]:In the process of establishing and perfecting the socialist market economy system, the market-oriented labor relations have been gradually formed in our country, and the labourers and employers have become relatively independent subjects of interest. In the face of the continuous supply oversupply of the labor market as a whole and the imperfect labor legal system, the weak position of the labourers has been further strengthened in the balance of labor and capital, and the legitimate rights and interests of the labourers have repeatedly been infringed upon by the employers. Causes the labor dispute case to increase rapidly, forms the serious challenge to the labor dispute processing system. As the first line of defense for the settlement of labor disputes, grass-roots mediation has not fully played a role in the system design, leading to a large number of labor disputes directly entered the arbitration process. Under this background, this paper puts forward and discusses two characteristics of the mediation of labor disputes at the grass-roots level-the non-strict standardization of the procedure and the relative uncertainty of the results. This is the base of understanding the labor dispute mediation system and examining the labor dispute mediation system and its operation in an all-round way. Then, this paper mainly analyzes the present situation and system malpractice of labor dispute mediation at the grass-roots level in China, and points out that it is an inevitable choice to reconstruct the mediation system at the grass-roots level. Based on the experience of labor dispute mediation in market economy countries, this paper puts forward the tentative idea of restructuring labor dispute mediation system: re-positioning the legal status of labor dispute mediation; Strengthen the effectiveness and authority of mediation: re-establish the basic principles of labor dispute mediation, improve the guidance of the principles: revoke the enterprise labor dispute mediation committee, establish a new type of regional labor dispute mediation organization. Taking the urban community as an example, this paper explores the practical ways of the new labor dispute mediation system and tries to construct a new community labor dispute mediation committee. The new-type community labor dispute mediation committee is composed of enterprise, trade union and community, and the community representative mediates in the middle. The mediation of labor dispute is regarded as the important content of community construction and promotes the harmonious development of society.
【学位授予单位】：首都经济贸易大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：F246
本文编号：2436842
[Abstract]:In the process of establishing and perfecting the socialist market economy system, the market-oriented labor relations have been gradually formed in our country, and the labourers and employers have become relatively independent subjects of interest. In the face of the continuous supply oversupply of the labor market as a whole and the imperfect labor legal system, the weak position of the labourers has been further strengthened in the balance of labor and capital, and the legitimate rights and interests of the labourers have repeatedly been infringed upon by the employers. Causes the labor dispute case to increase rapidly, forms the serious challenge to the labor dispute processing system. As the first line of defense for the settlement of labor disputes, grass-roots mediation has not fully played a role in the system design, leading to a large number of labor disputes directly entered the arbitration process. Under this background, this paper puts forward and discusses two characteristics of the mediation of labor disputes at the grass-roots level-the non-strict standardization of the procedure and the relative uncertainty of the results. This is the base of understanding the labor dispute mediation system and examining the labor dispute mediation system and its operation in an all-round way. Then, this paper mainly analyzes the present situation and system malpractice of labor dispute mediation at the grass-roots level in China, and points out that it is an inevitable choice to reconstruct the mediation system at the grass-roots level. Based on the experience of labor dispute mediation in market economy countries, this paper puts forward the tentative idea of restructuring labor dispute mediation system: re-positioning the legal status of labor dispute mediation; Strengthen the effectiveness and authority of mediation: re-establish the basic principles of labor dispute mediation, improve the guidance of the principles: revoke the enterprise labor dispute mediation committee, establish a new type of regional labor dispute mediation organization. Taking the urban community as an example, this paper explores the practical ways of the new labor dispute mediation system and tries to construct a new community labor dispute mediation committee. The new-type community labor dispute mediation committee is composed of enterprise, trade union and community, and the community representative mediates in the middle. The mediation of labor dispute is regarded as the important content of community construction and promotes the harmonious development of society.
【学位授予单位】：首都经济贸易大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：F246
【引证文献】
相关硕士学位论文 前3条
1 黄炜炼;论我国劳动争议调解协议的法律效力[D];广西师范大学;2011年
2 巴菱;我国劳动争议调解制度的模式探究[D];华东政法大学;2007年
3 占书鑫;劳动争议调解制度研究[D];西南政法大学;2012年
，本文编号：2436842
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