2006Journal of China Institute of Industrial RelationsRequires access

Consideration and Measures of Improving the Current Labor Dispute Settlement System

Zhang Xiao-yi

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Abstract

Aiming at the characteristics of labor dispute in a social transition period,the current single-track labor dispute settlement system of arbitration firstly and examination later should be reformed in order to introduce dualtrack system,under which adjudication and examination are separated.For protecting labor rights and preventing and decreasing labor disputes,the examination of labor dispute should introduce the inversion of onus probandi,and enhance the employing units implementing labor contract strictly.Experience of Hongkong of establishing labor court which can settle individual labor dispute fast should be introduced in order to promote a harmonious society.

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Aiming at the characteristics of labor dispute in a social transition period,the current single-track labor dispute settlement system of arbitration firstly and examination later should be reformed in order to introduce dualtrack system,under which adjudication and examination are separated.For protecting labor rights and preventing and decreasing labor disputes,the examination of labor dispute should introduce the inversion of onus probandi,and enhance the employing units implementing labor contract strictly.Experience of Hongkong of establishing labor court which can settle individual labor dispute fast should be introduced in order to promote a harmonious society.

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Available abstract

Aiming at the characteristics of labor dispute in a social transition period,the current single-track labor dispute settlement system of arbitration firstly and examination later should be reformed in order to introduce dualtrack system,under which adjudication and examination are separated.For protecting labor rights and preventing and decreasing labor disputes,the examination of labor dispute should introduce the inversion of onus probandi,and enhance the employing units implementing labor contract strictly.Experience of Hongkong of establishing labor court which can settle individual labor dispute fast should be introduced in order to promote a harmonious society.

Key concepts: Labor disputes, Arbitration, Adjudication, Labor relations, The labor problem, Settlement (finance), Order (exchange), Labor contract

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