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영어

The labor disputes resolution system of china is that a labor dispute should be arbitrated first and then be heard by the People’s Court. The legal resources of labor disputes resolution system mainly are as follows ; The labor Law of PRC(the 10th chapter), The Regulation on labor Disputes Resolution in Enterprises(1993), The Deliverance on some Issues in Implementation of the Labor Law of PRC(issued by the Labor Ministry in 1995, No 309), The interpretation of the Supreme People’s Court on Application of Law in Trial of Labor Disputes(Fashi〔2001〕 No. 14) and The Ordinance of the Supreme People’s Court on Trial of Personal Disputes in Shi Ye Undertakings (Fashi 〔2003〕No 13). In this paper study about disputes resolution by labor resolution by labor arbitration. The labor disputes arbitration of china is different from other countries. The scope of application for labor arbitration of china not only include disputes caused collective action but also include them arising at the time of concluding labor contracts and all of the disputes between laborers and employers arising at the time of exiting labor relation. One parties of dispute refer the dispute to arbitration without agreement of other parties. The labor arbitration institutions of china which are attached to labor administration department go in to a problem of independent organizations.This paper deal with the appointment of an arbitrator and board of arbitration, the preparation, an oral hearing by the arbitrator or board and conclusion.