论劳动仲裁裁决效力的恢复

现行劳动争议处理模式存在当事人"制度性"败诉、诉权自由被剥夺的制度缺陷,直接原因是仲裁裁决在起诉后不发生效力。已有的克服现行制度缺陷的模式存在无现实可行性、违背仲裁与诉讼基本关系架构及民事诉讼"不告不理"原则的重大缺陷;法院的裁判及当事人对仲裁裁决的认可与认同为仲裁裁决恢复效力提供了妥当性。除当事人全部起诉及仲裁裁决不分配权益外,仲裁裁决以弥补法院裁判对权益分配的不足的形式部分或全部恢复法律效力。

On The Recovery of Labour Arbitration Award's Effect

The current processing mode of labour dispute has the defects that the party may lose because of the system and be deprived of litigation freedom, which is directly caused by the ineffectiveness of arbitrition award after prosecution. While the mode used to overcome the current system defect is impractical and against the basic frame of arbitration and prosecution as weil as the basic civil litigation principle of no trial without complaint. Besides, the ruling of the court and the party＇s recognization of arbitrition award make it approriate for the recovery of arbitration. So except that the party or the arbitrition award doesn＇t involes the distribution of rights, the arbitrition award shall partly or wholy recover the legal effect in compensation for the court＇s ruling about the distribution of rights.