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劳动争议处理制度自1987年重新恢复、到1993年《中华人民共和国企业劳动争议处理条例》(以下简称《条例》)颁布,尤以1994年《中华人民共和国劳动法》(以下简称《劳动法》)及其配套法规相继出台与实施,使我国劳动争议处理制度成为较为完备的一项法律制度。10余年来,它为“妥善处理企业劳动争议,保障企业和职工的合法权益,维护正常的生产经营秩序,发展良好的劳动关系,促进改革开放的顺利发展”,起了积极的作用。但是,在处理劳动争议的实践中亦存在着一些不尽人意的地方。
The Labor Dispute Resolution System has been restored since 1987 and the Regulations of the People's Republic of China on the Labor Dispute Resolution of Enterprises (the “Regulations”) were promulgated in 1993, especially the Labor Law of the People's Republic of China (hereinafter referred to as the “Labor Law” ) And its supporting laws and regulations have been promulgated and implemented one after another, making the labor dispute handling system in our country a relatively complete legal system. For more than 10 years, it has played an active role in “properly handling labor disputes in enterprises, safeguarding the legitimate rights and interests of enterprises and workers, maintaining normal production and management order, developing good labor relations and promoting the smooth development of reform and opening up.” However, there are still some unsatisfactory places in the handling of labor disputes.