论文部分内容阅读
随着市场经济的迅速发展和企业改革的深化,职工与企业的劳动关系日趋复杂,劳动争议案件逐年大幅度增加,居高不下。在我国,按照《劳动法》和有关条例规定,劳动者与用人单位,用人单位工会或全体职工与用人单位因履行、签订集体合同发生争议,实行协商、调解、仲裁、诉讼的处理程序。屈指算来,“一调一裁两审”体制已实施近20年．为解决用人单位和劳动者劳动争议,和谐劳动关系,维护企业和社会稳定发挥了巨大作用。但同时,随着劳动关系市场化程度的不断加深,劳动争议处理难度不断加大,调解无法力、仲裁强制前置的现行劳动争议处理体制所暴露出的问题也越来越严重。近期,很多从事劳动争议处理工作的人士来稿撰文,就如何充分发挥劳动争议制度的作用,改进现有机构和制度等方面的弊端,提出自己的看法。同时,对于已经进入全国人大常委会今年立法计划的《劳动争议调解仲裁法》寄予厚望。
With the rapid development of market economy and the deepening of enterprise reform, the labor relations between workers and enterprises are increasingly complicated. The number of labor disputes has risen sharply and steadily year by year. In our country, in accordance with the “Labor Law” and the relevant regulations, workers and employers, the employers' unions or all employees and employers in disputes arising from the performance of the collective contract and the signing of collective contracts, the implementation process of consultation, mediation, arbitration, litigation. As a matter of fact, the system of “one trial, one trial and one trial of two arbitrations” has been implemented for nearly 20 years. In order to solve the employer and laborer labor disputes, harmonious labor relations, safeguarding the stability of enterprises and social security has played a huge role. However, at the same time, with the deepening of marketization of labor relations, the labor disputes are more and more difficult to deal with, mediation can not work, and the problems exposed by the current labor dispute handling system imposed by arbitration are more and more serious. Recently, many people engaged in the handling of labor disputes have written articles that give their views on how to give full play to the role of the labor dispute system and how to improve existing institutions and systems. At the same time, it has high hopes for the “Labor Dispute Mediation and Arbitration Law” that has entered the legislative plan of the NPC Standing Committee this year.