With the deepening reform of the economic system, China has established a variety of economic forms and modes of operation, with public ownership as the mainstay. The nature of labor relations from the past under the long-term planned economic system of the state and the workers constitute the *** with the interests of the starting point of the labor relations into the employer and the employee two relatively independent of the interests of the main body of the relationship. Labor disputes are the external manifestation of the inherent differences and contradictions in the interests of labor relations, and are the inevitable result of the conflict of interests between the two sides of labor relations. It is an inescapable fact that labor disputes are increasing in China today. From migrant workers' wage demands to pilots' strikes, they are all manifestations of labor disputes. The problem is that, in the face of this reality, our society has not yet established a smooth way to resolve labor disputes. In a free competitive labor market, the employer occupies a natural advantageous position, holding the absolute right to wages, promotion, and even continued employment, while the laborer has only "freedom of hands and of the person" (Marx's words). Therefore, it is of great practical significance to establish an effective mechanism for preventing and dealing with labor disputes, resolving them in a timely manner, safeguarding the lawful rights and interests of all parties, forming a coordinated and stable labor relationship, and building a harmonious and civilized socialist society.

So, this paper will analyze the causes of labor disputes in China's enterprises and summarize the countermeasures to solve labor disputes in China's enterprises through the characteristics of labor disputes.

Keywords: labor disputes, characteristics, reasons, countermeasures

I, labor disputes have the characteristics:

1, the number of cases of labor disputes in the number of high, every year there is a rising trend. Throughout the recent years of China's labor statistics yearbook statistics, non-public enterprises accounted for the majority of the number of labor disputes, and most of the employer to lose mainly (the proportion of complaints on the side of the workers, and the number of complaints to an average annual growth rate of 23.4%, while the workers won a higher rate). In terms of the types of employers where labor disputes occur, since the State Council promulgated and implemented the Regulations on the Handling of Labor Disputes in Enterprises in 1993, the proportion of labor disputes in state-owned enterprises has plummeted, and the proportion of labor disputes in non-publicly owned enterprises has risen markedly, with the main ones being labor disputes arising from infringement of the lawful rights and interests of employees by private, foreign-funded, township and township enterprises and self-employed persons, among which many bosses have been trying their best to lower labor costs in order to seek high profits or even intentionally violating labor laws and regulations. Many of these bosses, in order to make high profits, try their best to reduce labor costs, and even intentionally violate labor laws and regulations, such as not fulfilling labor contracts, dismissing employees at will, withholding or defaulting on wages, not taking part in social insurance according to regulations, or defaulting on payment of social insurance premiums, etc., thus infringing on the lawful rights and interests of employees, and triggering more and more emergencies, such as collective stoppages, strikes, and petitions, etc., which shows that, due to the promulgation and implementation of the Labor Law and its related laws and regulations, and the continuous enhancement of the legal system for labor, the mechanism and price for handling labor disputes are constantly improving. This shows that due to the promulgation and implementation of the Labor Law and its related laws and regulations and the continuous strengthening of the legal construction of labor, labor disputes handling mechanism and prices continue to improve, the workers' legal awareness has gradually improved, know how to use the legal weapons to protect their legitimate rights and interests, the intensification of labor-management conflicts inevitably lead to an imbalance in labor-management relations, resulting in the number of labor-management disputes year by year there is a clear rising trend.

2, the current non-public enterprises in the form of labor disputes have been transformed from a single form to diversified forms. In the non-public enterprises in the labor disputes, the past disputes are mainly manifested in the enterprise arrears of wages, employees to recover wages in this form, but now the dispute is not only manifested in the employees to recover wages, but also manifested in the employees to fight for social insurance, labor protection, the right to rest and vacation and other forms of disputes, and the latter disputes appear more and more frequently.

3, for the recovery of labor remuneration, insurance benefits, termination of labor contract economic compensation and other economic interests dominate the dispute. Both sides of the labor relationship on the economic interests of the degree of importance than the importance of other rights, due to the workers in the labor relationship of the weak position, it is difficult to defend the rights of the individual against the employer, so more from the economic interests of the recovery of the loss, and the employer of the breach of contract for the departure of the workers, most of the economic compensation for the reason of the complaint.

4. There are many cases of disputes over unpaid wages. The vast majority of labor disputes are caused by the infringement of basic labor economic rights and interests of workers, and long-term unresolved. Labor remuneration is the first cause of labor disputes, followed by the termination of labor contracts, and then by voluntary separation or resignation.

5. Collective labor disputes have risen considerably, mainly concentrated in construction units and non-public enterprises. Collective disputes are characterized by strong suddenness, increasing numbers and difficulty in handling.

6, labor dispute cases occurring in large geographical differences, and more concentrated. A large number of labor dispute cases are concentrated in coastal counties (cities and districts), and the number of labor disputes in mountainous counties is less.

7, unlicensed and unlicensed family workshops and labor disputes between workers are increasing. A large number of unlicensed and unlicensed family workshops, employing as few as a few people, more than 20 people, employment is not standardized, chaotic labor management, labor disputes and conflicts arise and intensify the incidence of the place.

8, the disadvantaged side of the workers often do not voluntarily through the proper legal channels to resolve disputes, but to take the collective petition, blocking the government agencies, and even the collective blocking of road traffic behavior occurs.

The causes of labor disputes:

1. The infringement of the rights and interests of workers can not be reasonably resolved in a timely manner, which is the direct cause of labor disputes.

This kind of infringement mainly involves the labor wages and labor conditions of workers. Labor conflicts in state-owned enterprises are mainly due to the restructuring of enterprises, closure and bankruptcy and layoffs in the process of the rights and interests of the workers due to damage. In non-public enterprises, the main cause of labor disputes is poor labor conditions and poor conditions of employment, especially the problem of enterprises defaulting on employee wages. At present, enterprises lack reasonable standards for labor prices, often determining the profits they are entitled to before apportioning the remaining gross profit to the product and calculating the cost of labor, on the basis of which they set production quota standards and workers' wages. Employees can only earn more wages by working overtime, so they have to "volunteer to work overtime" or even "demand to work overtime". Occupational diseases caused by poor working conditions are also a direct cause of labor disputes.

2. Enterprises pursue profits unilaterally to the detriment of the legitimate rights and interests of workers.

Some non-public enterprises are characterized by "many, small, scattered, miscellaneous", some small and medium-sized enterprises, especially family-owned enterprises, management level varies, the employment system is not standardized, the one-sided pursuit of profits, damage to the legitimate rights and interests of the workers, resulting in labor disputes and even the occurrence of industrial conflicts. as little labor cost as possible, drive workers to create as much surplus value as possible, and even reduce the normal social security expenditure of workers, not equipped with the necessary labor protection facilities, maliciously defaulting on the withholding of workers' wages, and arbitrarily prolonging the labor time, in order to obtain lucrative profits, and even reduce the normal social security expenditure of workers, not equipped with the necessary labor protection facilities, maliciously defaulting on the withholding of workers' wages, and arbitrarily Extend the labor time, try to save the enterprise expenditure, infringement of the legitimate rights and interests of workers is becoming increasingly serious phenomenon, triggered by labor disputes can not be ignored.

3. The vulnerable position of workers is the main reason for the infringement of their legitimate rights and interests.

One is the social status of labor and capital are different. The majority of rural migrant workers and migrant workers, the cultural level is higher, the social status is not high, is a vulnerable group in society, the influence on the development of social policy is very small. Secondly, the status of labor and management in the enterprise is different. Non-public enterprises have the ownership of the means of production and the right to manage the enterprise, although some enterprises have established organizations such as party branches, trade unions and workers' congresses, but they have little influence on the management of the enterprise. There are still a considerable number of small and medium-sized non-publicly owned enterprises that have not yet established trade unions, party branches and other organizations, and have not yet set up a sound mechanism for adjusting labour relations within the enterprise. In addition, most non-publicly owned enterprises are managed under a family system, with many important positions held by relatives and friends of the enterprise owner, and the average worker is in a disadvantaged position in the enterprise. In addition, China's relevant laws and regulations are not sufficiently clear on the issue of setting up a mediation committee in non-publicly owned enterprises, and there is a lack of strong constraints on enterprises that obstruct the establishment of mediation committees, so that many non-publicly owned enterprise owners take advantage of the loopholes in the laws and resist the establishment of mediation committees on a variety of pretexts. Since enterprises do not have a mediation committee, in the event of a labor dispute, employees are often in an isolated and helpless situation in the enterprise. Since the consultation and mediation mechanism within the enterprise has not been established and perfected, labor disputes are handled and communication channels are relatively poor. And some enterprises have set up a mediation committee for labor disputes, but due to the enterprise workers do not understand the organization and do not trust, business leaders do not attach importance to the quality of mediators and other reasons, the role of the enterprise mediation committee has not been able to give play to the role of labor disputes can not be nipped in the bud to be resolved.

4, labor relations between the two sides of the weak legal awareness of labor disputes.

On the one hand, some employers ignore the provisions of laws and regulations, and formulate and implement management systems that violate national labor laws, regulations and policies; some employers are unfair in the conclusion of labor contracts, leading to the occurrence of labor disputes. On the other hand, some workers have poor awareness of law-abiding, do not conscientiously fulfill the contract, unauthorized departure and breach of contract "jump ship". Some foreign employees lack of long-term employment preparation, holding temporary employment and mobile employment ideas, poor labor discipline concept, in their rights and interests are violated, can not effectively use legal means to protect their legitimate rights and interests, and individuals even take radical behavior, triggering the security and criminal cases.

5. Labor relations are becoming more and more diversified and complex.

The reform of the labor system, the transformation of the enterprise management mechanism, especially the general promotion of labor contracts, so that the labor relations have also undergone great changes, as the main party of the labor relations of the labor organization, from the past a single public economic organization to the development of a variety of different ownership of a variety of economic organizations, the main body of the labor relations between the promotion of the labor contract system, which has gradually transformed into a kind of equal civil relations, labor time, labor protection, labor relations, and the relationship between the labor system and the labor system. The civil relationship between the subjects of labor relations has also been gradually transformed into a civil relationship of equality due to the promotion of the labor contract system, and the rights and obligations arising from the working hours, labor protection conditions, labor discipline, and labor remuneration have also changed considerably as a result of the expanding autonomy of the enterprises' operation. At present, China has initially established the labor employment system under the conditions of the market economy, enterprises and employees on both sides are not quite adapted to such changes, and labor relations have been in a relatively unstable state. The contradictions in labor relations are more prominent, leading to an increasing number of labor disputes.

Three, the countermeasures to resolve labor disputes

Correctly handle labor disputes, not only related to social stability, but also for the sustained, healthy and stable development of the economy has a very important significance. According to the current new changes in labor disputes, the main problems, combined with the consideration of its development trend, political and legal organs and labor supervision and rights departments must be in the party committee, under the unified leadership of the government, play a functional role in the correct handling of disputes arising from labor disputes and mass incidents, to truly achieve the unity of the legal effect and the social effect of the promotion of the construction of a harmonious society, I believe that the following measures should be taken to Strengthen management:

1, increase publicity and education to enhance the awareness of business operators and workers to comply with the law

Strengthen the concept of employment education in society as a whole, and encourage employees to abandon the traditional concept that only formal employment or "iron rice bowl" is considered to be employment, and to establish the concept of part-time, temporary, seasonal and other flexible forms of work is also employment, and to establish the concept of part-time, temporary, seasonal and other flexible forms of work is also employment. The concept of part-time, temporary, seasonal and other flexible forms of work is also employment, and the concepts of equality of occupation and honor in labor are established, so as to keep the personal concepts and consciousness of employees in line with the pace of progress of the times. A wide range of publicity and education activities on the labor law are carried out by making full use of various public opinion tools and publicity carriers to promote the fulfillment of the rights and obligations of both employers and employees in accordance with the law, and to promote the self-regulation of employment practices by employers. Through the enhancement of legal awareness, both parties can consciously sign labor contracts, agree on their respective rights and obligations, and specify the amount or calculation method of wages and remuneration, so as to avoid labor disputes. At the same time, through the publicity and education of positive and negative cases, workers are made to realize the illegality and social harm of adopting extreme means such as blocking roads, and to eliminate the erroneous understanding of some workers that it is better to break their legs in lawsuits than to make collective petitions and block the roads to ask for money. Attention to play the role of the press and public opinion and the supervision of the National People's Congress and the Chinese People's Political Consultative Conference, the violation of labor laws, serious irregularities in employment and violation of the legitimate rights and interests of workers and other aspects of the typical cases of exposure and criticism.

2. Move the gate forward and improve the coordination mechanism.

To give full play to the people's mediation to resolve disputes convenient and efficient advantage of the role of the main channel, for eligible and did not set up a mediation committee of non-public enterprises, to be assisted by the relevant departments in the towns, to take forceful measures to urge these enterprises as soon as possible to set up a mediation committee. For small enterprises that do not have legal personality, mediation groups and mediators can be set up, and in places where conditions are favorable, professional mediation committee cadres can be assigned to the enterprises by the local mediation committee to carry out people's mediation work. The pivot point of coordinating labor relations should be placed in village enterprises, giving full play to the characteristics of village enterprises of "near" (close to the enterprises), "clear" (clear about the situation of the enterprises), and "quick" (quick to solve the problems on the spot). Characteristics, timely and appropriate handling of labor disputes in the vicinity.

3, the establishment of wage arrears protection system.

Aiming at the current situation of some small and medium-sized enterprises defaulting on the payment of wages to their employees, especially in labor-intensive enterprises defaulting on the payment of wages to their employees, the establishment of a system to protect the payment of wages to their employees. The relevant departments will formulate implementation measures, requiring enterprises to pay a certain percentage of their employees' gross wages each month to the employment service management agency under the local labor security department, and the standard for the percentage of contribution should be linked to the relevant indicators of past and present enterprises' payment of employees' wages. If there is a problem of wage arrears among the employees of an insured enterprise, the arrears of wages can be paid to the employees from the enterprise's contribution to the wage arrears guarantee fund, and any shortfall can be raised through the realization of the enterprise's assets.

4, effectively strengthen the management of labor contracts.

At present, non-publicly owned enterprises should be taken as the focus of strengthening the management of labor contracts, and these enterprises are required to send the contract text to the labor security department for authentication, so as to promptly check and correct the problems in the labor contract, and to guide the enterprises to sign the labor contract in accordance with the provisions of the relevant state laws and regulations.

5. Strengthening labor security supervision of enterprises.

To non-public enterprises with more labor disputes, the labor security supervisory departments should set up files and carry out key monitoring, and regularly or irregularly go to these enterprises to check the implementation of labor laws, regulations and policies, especially in the signing of labor contracts, wage standards and the payment of wages, participation in social insurance, the working hour system, labor standards and labor protection, and urge enterprises to rectify violations of the law and impose the necessary penalties.

6. Strengthening democratic consultation and giving full play to the role of the tripartite mechanism

Strengthening democratic consultation and giving full play to the role of the tripartite mechanism in the coordination and handling of labor relations. Government labor security administrative departments, trade unions and employers' organizations carry out regular communication and consultation on major issues related to labor relations, *** with the promotion of long-term harmony and stability of labor relations, not only to help some of the larger-scale disputes occurring in the industry or social region can be rationally resolved through the active intervention of the representative organizations of the two sides of the labor relations, but also to help employers' behavior under the influence and constraints of their representative organizations can be resolved, but also to help employers' behavior under the influence and constraints of their representative organizations can be resolved. It also helps the employers to behave more rationally and self-discipline under the influence and constraints of their representative organizations. At present, the construction of the tripartite mechanism should be accelerated, gradually extended to cities and counties, and the system should be improved and its operation standardized, so as to form a multi-level and multi-form organizational system and working pattern.

7, increase judicial assistance, punish the illegal acts of employers in accordance with the law, to protect the legitimate rights and interests of workers

Labor dispute dispute cases, most workers are in a disadvantaged position, and some disputes occur when the workers are in great financial difficulties, and some are even difficult to ensure that the individual food and clothing, such as failure to deal with in a timely manner, may lead to intensification of the conflict, which affects the stability of the community. Therefore, the legal aid center to strengthen the work of the vulnerable groups of legal aid, the court to carry out judicial assistance activities, the economic difficulties of the inability to pay the litigation fees and apply for a slow reduction or exemption of workers, after reviewing the conditions of the timely handling of litigation fees, reduction or exemption of fees, to ensure that the justified people without money can afford to file a lawsuit. To adhere to fair adjudication, strengthen the sense of efficiency, make full use of pre-litigation preservation, litigation preservation and prior execution and other legal means, timely solve the difficulties of the workers and worries, to ensure that the labor dispute cases quickly set up, quickly trial, quickly concluded. For group labor dispute cases the court shall participate in the coordination work organized by the relevant departments in advance, adjudicate as soon as possible after accepting the case, and transfer the case to the execution in a timely manner after adjudication, and the execution court shall take measures such as auctioning to raise funds and prioritize the issuance of salary payments.

8, the establishment of efficient labor disputes mechanism

China's labor disputes in the overall clearly showing a year-on-year rise, manifestation, expanding and even intensifying the trend, improve and perfect China's arbitration system of labor disputes has been imminent.

(1), strengthen the labor dispute arbitration committee entity construction, improve the efficiency and quality of labor dispute arbitration work.

(2), expand the scope of acceptance of labor arbitration institutions. All labor disputes should be included in the scope of labor dispute arbitration to form an all-round pattern of accepting labor disputes.

(3), improve labor arbitration supervision procedures. Clearly higher arbitration committees have the right to supervise the work of lower arbitration committees, and give arbitration committees at all levels above the municipal level in the exercise of arbitration supervision functions, the right to order correction, direct treatment and the right to recommend treatment. In addition, it should also give play to the role of supervision of the arbitration institutions themselves, strict case handling procedures, increase the legal publicity of the work of labor disputes, increase the transparency of the work of labor disputes, and broaden the arbitration supervision of a variety of channels.

9, improve the Labor Law system, so that the coordination and handling of labor relations have a legal basis

With the accession to the WTO, the revision of the Labor Law should first of all be in line with international treaties, international practice, China has ratified or should be ratified by the important content of international conventions in the Labor Law, to the wrongful dismissal and the judicial remedies for discrimination in employment as the main content of the protection of the right to labor as the core content of the revision. The protection of labor rights, with judicial remedies for wrongful dismissal and discrimination in employment as the core content of the revision, will enhance the mandatory nature and applicability of the Labor Law. At the same time, the system of the Labor Law should be formed as soon as possible, and new problems such as de facto labor relations and multiple labor relations should be solved at the legislative level, so that the coordination of labor relations and the handling of labor-management disputes can be based on the law to the greatest extent possible.

Through the above analysis, it can be seen that the labor disputes in China's enterprises are becoming more and more prominent, the number of cases is increasing, the case is more and more complex, the degree of concern by all sectors of society is growing, the manifestations of various forms, labor disputes, if not prevented in time and effectively dealt with, the development of the enterprise and the stability of the society will have a certain negative impact. Due to the arrears of migrant workers, migrant workers wages triggered by various types of criminal cases, physical attacks on the owner of the enterprise, group violence, demonstrations, obstruction of public **** traffic and other acts will cause a certain range of social panic or social fluctuations, if not dealt with properly, not only affects the normal order of life and production, and even to a certain extent disruptive of the social order, which will have a direct impact on the stability of the community, affecting the economy's Sustained, stable and healthy development. We should attach great importance to the impact of labor disputes on society, strengthen the synergistic role of all aspects of society, and contribute to the solution of labor disputes in our enterprises, so as to create stable and harmonious socialist enterprise labor-management relations. Therefore, the relevant government departments should be unified and coordinated, not only to implement effective supervision of enterprises, to protect the legitimate interests of workers, and effectively resolve labor disputes, but also to ensure the healthy development of enterprises, to achieve the mutual benefit of labor and capital **** win.