What Is the Best Way to Handle an Employment Dispute?

Preventing and handling labor disputes is an important responsibility of trade unions. At present, labor disputes are emerging in an endless stream, and union workers have a responsibility to help employees to prevent and prevent them before they arise, and how to handle and resolve disputes correctly and in an appropriate way after a dispute arises.

How to Prevent and Handle Labor Disputes at the Basic Level

"How to Prevent and Handle Labor Disputes at the Basic Level of Trade Unions"

China Yanshi Press was recently published in March 2015. The International University opened a beautifully decorated 16-colored cover with a special four-color cover craft. The text was printed in two colors with light environmental-friendly paper. (Full set of 15 volumes). Pricing: 1118.00 yuan, ISBN978-7-5171-1124 -5

Preventing and handling labor disputes is an important responsibility of trade unions. At present, labor disputes are emerging in an endless stream, and union workers have a responsibility to help employees to prevent and prevent them before they arise, and how to handle and resolve disputes correctly and in an appropriate way after a dispute arises.

The words in this book are concise and concise, and the narrative method is effective and feasible, which can provide effective help for the majority of grassroots trade union workers.

Martial arts

Vice President and Associate Professor of the Cadre School of Gansu Federation of Trade Unions. He graduated from the Chinese Department of Northwest Normal University. Member of China Law Research Association; researcher of Gansu Provincial Women's Research Association; executive director of China Society of Labor Sociology. Gansu Provincial Trade Union Leader Education and Training Advanced Individual; Subject Leader. Many papers have won national awards. He lectures on trade union theory and business such as labor law of labor unions, work for female employees, labor protection, and democratic management of employees. Author of "Gansu Staff Philatelic General Information", "Realization and Maintenance of Female Workers' Rights and Interests", "

Chapter I Labor Dispute and Labor Dispute Handling System

Although the occurrence of labor disputes and labor disputes will be a normal phenomenon, the occurrence of labor disputes and labor disputes must be properly handled in the shortest time. Otherwise, not only will the normal labor relations not be maintained, but labor will also be affected. The legitimate interests of the people are damaged, leading to the expansion of disputes and disputes, and may even intensify contradictions, which is not conducive to social stability. Therefore, we must correctly grasp the characteristics of labor disputes, actively prevent the occurrence of labor disputes, timely, properly, correctly and effectively handle labor disputes, safeguard the legitimate rights and interests of workers, coordinate labor relations, and thus effectively promote social harmony and economic development. The handling of labor disputes is an important legal means for adjusting labor relations and occupies an important position in the legal system.

Section 1 The concept of labor disputes

Section 2 China's Labor Dispute Handling System

Section 3 Types of Labor Disputes

Section 4 Constitutive Elements

Section 5 Subjects of Labor Disputes

Chapter II Prevention of Labor Disputes

The prevention of labor disputes usually refers to the human resources and social security administrative departments, trade unions, and enterprise representative organizations, in accordance with relevant laws and regulations, to take various effective measures in advance to actively prevent and stop labor disputes from occurring. Compared with labor dispute handling, the prevention of labor disputes is a prerequisite for resolving labor disputes. It is a precautionary measure taken in advance to prevent the occurrence of labor disputes and intensification of contradictions.

Section 1 Reasons for Labor Disputes

Section 2 The concept of labor dispute prevention

Section 3 Building an Effective Internal Defense Mechanism for Labor Disputes

Section 4 Prevention of Labor Disputes

How to prevent labor disputes

Section 6 The Role of Trade Unions in the Prevention of Labor Disputes

Chapter III Negotiation of Labor Disputes

As the first line of defense in labor dispute settlement, the main purpose of corporate labor dispute negotiation and mediation is to resolve a large number of labor dispute cases within the enterprise. Its legislative intent will cause a major change in the focus of labor dispute resolution. The "Provisions" specifically address the more prominent issues such as the general lack of communication mechanisms between employers and employees within the enterprise, the lack of channels for expressing the interests of workers, and the weakening of the role of the labor dispute mediation committee. There are also detailed regulations on the subject, method, time limit and effectiveness of the consultation. For example, the time limit is stipulated in Article 10: After one party requests for consultation, the other party should actively respond or give a written response. Failure to respond within 5 days is deemed unwilling to negotiate. Article 34 further imposes administrative and legal penalties on enterprises that have not established mediation committees. Compared with the Labor Dispute Mediation and Arbitration Law, these regulations truly implement the collective bargaining system and partially solve the long-standing problem of employers' unwillingness to talk.

Section 1 The concept of labor dispute negotiation

Section 2 Principles of Labor Dispute Consultation

Section 3 Contents, Forms and Effects of Labor Dispute Consultation

Section 4 The Necessity of Trade Unions' Participation in Labor Dispute Negotiations and Issues That Should Be Noted

Chapter IV Mediation of Labor Disputes

Labor disputes are disputes between labor users and laborers in the field of labor relations. Due to the continuity of labor benefits, labor relations have the characteristics of continuity. And because of the continuity of the labor relationship, it is quite normal for a labor dispute to occur due to disagreement between the two parties during the continuous labor relationship.

Labor disputes are generally handled through negotiation, mediation, arbitration, and litigation. The so-called mediation is a method and activity under the auspices of a third person to persuade the parties to the dispute to reach an agreement through democratic consultation, mutual understanding and mutual accommodation, and to resolve the dispute in accordance with legal and moral norms. Because mediation facilitates parties to compromise in order to maintain continuous labor relations, is in line with China's traditional culture, and has a low system cost, mediation occupies an important position in the labor dispute handling system. By summarizing the main types and characteristics of China's labor disputes, this paper analyzes the main problems existing in China's current mediation system, and emphasizes the importance, diversity and complexity of mediation methods.

Section 1 Overview of Labor Dispute Mediation

Section 2 Labor Dispute Mediation Organization

Section 3 Principles of Labor Dispute Mediation

Section 4 Procedures for Mediation of Labor Disputes

Section 5 Effectiveness of Labor Dispute Mediation

Section VI Status and Role of Labor Unions in Labor Dispute Mediation

Chapter V Arbitration of Labor Disputes

Arbitration is a popular international method for handling labor disputes. Compared with mediation, the results of arbitration awards are more authoritative and fair; compared with litigation, arbitration is more time-saving and labor-saving. In China, arbitration is an indispensable link in handling labor dispute cases and plays an important role in the resolution of labor disputes.

Arbitration, literally explained, "zhong" means to be in the middle, that is, a person based on the parties to the dispute; "arbitration", to judge and determine, that is, to determine and adjudicate the facts of the dispute and the parties' responsibilities. Therefore, arbitration refers to the process and activities of arbitration by a recognized authority on the disputes between the two parties in accordance with legal provisions and the application of the parties.

Section 1 Concept and Characteristics of Labor Dispute Arbitration

Section 2 Labor Dispute Arbitration Organizations and Parties

Section III Jurisdiction of Labor Dispute Arbitration

Section 4 Arbitration Procedures for Labor Disputes

Section 5 The Role of Trade Unions in Labor Dispute Arbitration

Chapter VI Litigation of Labor Disputes

The labor dispute litigation system is an important part of the labor dispute handling system, and it is also a system regarding the final settlement methods and procedures of labor and personnel disputes. With the continuous deepening of China's reform and opening up and the rapid development of the socialist market economy, the number of labor and personnel disputes has increased sharply, and people's requirements for handling labor and personnel disputes have also become higher and higher. Labor dispute litigation is not only the last way for parties to labor disputes to resolve disputes through legal means, but also has become the most important link in handling labor disputes and resolving social contradictions.

Section 1 Overview of Labor Dispute Litigation

Section 2 Basic Principles of Labor Dispute Litigation

Section III Labor Dispute Litigation Procedures

Section 4 Enforcement and Revocation of Disputes Arbitral Awards

Section 5 The Role of Trade Unions in Labor Disputes

Chapter 7 Case Analysis

I. Labor relations

Signing and performing labor contracts

Termination and termination of labor contracts

4. Double wages, economic compensation, compensation

V. Wages and labor remuneration

6. Social insurance

Treatment for work-related injuries

Limitation of Arbitration

The burden of proof in labor disputes

appendix:

I. Work Process for Handling Labor Disputes

2. Basic Procedures for Handling Labor Disputes

Application for Mediation of Labor Disputes

Fourth, the legal effect of the labor dispute mediation agreement

V. Document Format of Labor Dispute Mediation Agreement

Precautions for making labor dispute mediation agreement

7. Model of labor dispute mediation application

Application for labor dispute arbitration

Nine, labor dispute suit

X. China's legislative system ^[1]