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On the labor arbitration complaints about problems of aging legislation and


. If this is the suspension of civil law system,[link widoczny dla zalogowanych], the introduction of the aging field of labor law, then we will find that the only one. Such a provision simply can not cope with real life, stop, interrupt the diversity and complexity of the subject. So little effect in practice, sixty-day appeal time is just as easy glide. In the working time is not yet understood how the matter was, that their right to have disappeared. Third, improve the labor dispute arbitration complaint Suggestions prescription system due to labor dispute cases in China is also cut, but also complaints, a CD, the second trial and pre-arbitration dispute resolution mechanism. Therefore, when workers lose labor arbitration filed in favor of the right to protect themselves while, in fact, will not be able to further litigation to resolve disputes through legal channels. Some workers in the event of labor disputes, often taken to reflect the letters department, did not know how to go straight to the labor administrative departments request mediation, arbitration. Most workers in the present does not have the appropriate self-protection awareness of the law cases, shorten the time period, so that workers without sufficient time to seek settlement, it may intensify the conflict between employers and employees, and even make some general labor disputes Investigations into law and order criminal cases, increasing social unrest. To this end, we recommend: 1. Take If before the labor dispute, the parties have been given after an arbitration agreement or arbitration agreement can be reached, then submitted to the labor dispute arbitration committee for arbitration, labor arbitration committee to make that decision once the force of law, if the parties do not dispute before the Dispute After the arbitration agreement can not be reached, either party can apply directly to the people's court proceedings. 2. Appropriate to extend the limitation period the arbitration complaint. Characteristics according to the nature of labor relations, to meet as soon as possible to resolve labor disputes in a timely manner the purpose of safeguarding legitimate rights and interests of workers, the labor dispute arbitration should provide for a more general limitation of legal disputes, civil proceedings for a short time period. But this is not as short as possible, based on the past, the case that there is no settlement is reached some time to find other ways including arbitration and litigation to protect their rights. Of course, even longer time can not completely avoid the time was lost due to over arbitration in favor of the right to happen. 3. The introduction of time spent in the suspension of the arbitration, interrupt, and the longest extension of the prescription system. Time suspension, interruption, to extend the limitation system has always been an integral part of the labor dispute arbitration in order to form a logical and time,[link widoczny dla zalogowanych], improve the arbitration system, aging system and will include suspension,[link widoczny dla zalogowanych], termination, extension and so absorbed into China's current arbitration time systems, claim the right of one party or the parties agree to meet their obligations under the arbitration limitation shall be interrupted, both sides committed to the consultation fails to perform obligations or failure to re-calculate the arbitration time. This not only has positive significance in theory and in practice the parties to the labor dispute is also of great practical significance. 4. Starting date of the time to make the right interpretation. For the practice of For example,[link widoczny dla zalogowanych], a clear limitation of the labor dispute arbitration starting date, should be both employees and employers because of dismissal, removal, dismissal or resignation of employees, voluntary resignation, because of wages, insurance,[link widoczny dla zalogowanych], benefits, training, labor protection and other reasons, to the employer units of the relevant provisions of contracts or the performance of labor disputes, and clearly expressed different views of the day. 5. Increase the obligations of the employer. The employer should inform the workers clear dispute resolution procedures. According to the current of workers, especially migrant workers to the labor law limited knowledge about the situation, should play the leading role of the employer, require the employer to the format provided in the labor contract or other written form, the labor dispute resolution procedures including arbitration time and so inform the workers. Since the labor dispute provisions of the date of the occurrence of the statutory consultation period of time not a complaint, the enterprise shall submit a written application of labor arbitration committee, or deemed to have accepted the request of workers, perhaps it was the protection of labor rights will be more fair. Because the enterprise relative to workers, not only in resolving disputes in a more favorable position usually occupied, but also relatively familiar with the relevant national laws and policies. Editor: Zhou Ting
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