Personnel Dispute Settlement Mechanism
|Course||Constitutional and Administrative Law|
|Keywords||Institutions Employment system Personnel dispute Settlement mechanism Arbitration Litigation Mediate|
Institutions is a product of the planned economy , society with Chinese characteristics is the organization that is the subject of various social undertakings assume in our country belong to a huge employment system . In the traditional planned economy system, business unit employees have the identity of national cadres , and between units is a full sense of the relationship between administrative law , which means that institutions with executive level personnel system is closely related to and has a tenure characteristics, the personnel system in such institutions could not exist a large number of personnel disputes . Since entering the market economy , the traditional institutions formed under the system of personnel management system has become increasingly unsuited to the requirements of unified market , reform is imperative . In 2000 the central government to implement the system of employment and job management system , focusing on deepening the reform of the personnel system . Employment system so that business unit personnel management by the \business unit personnel disputes , more and more institutions and their legitimate rights and interests of workers have been violated at any time the risk , the study and the establishment of an effective dispute settlement mechanism and the reform of the personnel system as supporting institutional imperative . In this paper, the Ministry of Personnel , \On this basis , this paper put forward a sound from four dispute resolution mechanisms : the institution reasonable classification by attribute , in part incorporated into the labor relations , adjusted by the labor law , in part included in the civil service , by the civil law norms ; arbitration and judicial personnel to achieve an effective convergence ; build personnel dispute mediation system ; increase personnel legislative efforts.