Labour Disputes Settlement System in China: Past and Perspective

Asian Law Series


by Wang Zhenqi ( Ministry of Labour and Social Security, PRC), Wang Changshuo ( Professor School of Continui
March 2002
Table of Contents

PDF (387KB)

Title page, Content, etc.



I. Labour Policy Development and Labour Law System Building
  1. Social Security Legislation
   1.1 Old-age Insurance
   1.2 Unemployment Insurance
   1.3 Medical Insurance
   1.4 Employment Injury Insurance
   1.5 Maternity Insurance
  2. Labour Legislation
   2.1 Formulation of the Legal System on Labour Dispute Settlement
   2.2 Achievements in Individual Labour Contract and Collective Labour Contract Legislation
   2.3 Labour and Social Security Inspection Is the Guarantee for Effective Law Enforcement
  3. Problems in the Present Labour and Social Security Legal System and Ideas for Future Improvements

II. Evolution of Labour Disputes Settlement System
  1. Establishment of Labour Disputes Settlement System
  2. Interruption of Labour Disputes Settlement System
  3. Restoration of Labour Disputes Settlement System
  4. Profile of Labour Dispute Settlement System
   4.1 Features of the Labour Disputes
   4.2 Problems in the Labour Dispute Settlement System

III. Organisations to Handle Labour Disputes
  1. Enterprise Labour Dispute Mediation Committee
  2. Labour Dispute Arbitration Committee
  3. People’s Court
  4. Tripartism Mechanism in Collective Labour Dispute Settlement

IV. Procedures to Handle Labour Disputes
  1. Labour Dispute Mediation Procedure
  2. Labour Dispute Arbitration Procedure
   2.1 Jurisdiction and time limit
   2.2 Submission and acceptance of an arbitration petition
   2.3 Hearing of a dispute
   2.4 Shortcomings in the present system
  3. Judicial System for Labour Dispute Settlement
   3.1 Indictment and acceptance of an indictment
   3.2 Jurisdiction
   3.3 Time limit
   3.4 Proceeding

V. Suggestions for Reforming the Current Labour Dispute Settlement System
  1. Suggestions for Reforming Mediation System
  2. Suggestions for Reforming Arbitration System
  3. Suggestions for Reforming Judicial System and Litigation Procedure

VI. Conclusions
 Attachment 1 A Case Study of Labour Dispute Settlement
 Attachment 2 List of Current Laws, Regulations and Interpretations