Is Judicial Remedy Effective in Resolving Collective Labor Disputes in China?—Based on 622 Cases

• 作者: LI Xiang
• 来源期刊: 美中法律评论:英文版
• 学科: 工学
• 关键词: China COLLECTIVE LABOR disputes JUDICIAL REMEDY LABOR LAW
• 年，卷（期）: 2020,（1）
• 页码范围: 13-18
• 页数: 6页
• 分类号: TP3

摘要

Collective labor disputes connect a group interests of workers and employers,and the settlement of which directly affects working conditions of a specific enterprise or industry.The increasing number of labor disputes in China indicates that not all grievances of workers are handled successfully.Judicial remedy is the last guardian of workers’rights and interests.However,little research provides a quantitative analysis concerning the effectiveness of judicial remedy in resolving collective labor disputes.By investigating 622 cases,this paper finds that workers mostly won cases involving economic rights,but lost cases where strict procedures are required.Judges’active tendency of separating disputes and the limited access to judicial resources drive workers with institutional demands or interest-based disputes to express their dissatisfactions in an irrational way.This is mainly caused by flawed legislation which unproperly defines collective labor disputes and fails to channel workers’collective actions in a reasonable way.To better protect the rights and interest of workers,the legislation shall be revised,specifically,enlarging scopes and simplifying procedures of judicial remedies.