国外劳动争议调解制度及其启示

目前,国外存在独立机构调解、行政调解、劳动法院调解和三方机制调解等四种类型的劳动争议调解制度。国外劳动争议调解立法及其成功运行,对于我国完善劳动争议调解制度有以下四点启示:一是调裁机构合一;二是劳动争议协调处理机构专门化;三是取消劳动争议仲裁调解和诉讼调解;四是实行积极的沟通。

The Mediation System of Labor Dispute in Foreign Countries

At present,there are four types of mediation systems of labor dispute in foreign countries as mediated by independent organs,by administrative organs,by labor court and by tripartite mechanism.The foreign legislation and its successful running give us four inspirations such as to combine mediation and arbitration,to make organs dealing with labor dispute specialization,to cancel arbitrative mediation and lawsuit mediation,and to do actively communication.