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7、争议处理:调解与仲裁此间所说的争议既包括集体谈判中出现的僵持不下的争议,也包括其他方面的劳动争议。为解决这些争议,第92号建议书主张采取自愿调解和仲裁的方式。所谓调解:就是让第三方介入,帮助当事者双方达成协议。调解员不能以任何方式提出解决方案。有时,甚至也不宜提出建议。第92号建议书在强调调解同谈判的密切关系时指出,通过调解达成的解决争议的办法应被视为以通常方式达成的集体协议的相同结果。这样一来,调解实际上就成了集体谈判的延伸,所不同的只是让一个中立的第三方介入了谈判。仲裁与调解完全不同。仲裁是让第三方干预劳动争议。仲裁员可行使独立于双方的裁决权。这种裁决具有强制性,不管双方愿不愿意都必须执行。所谓自愿仲裁是指争议发生后,争议双方都自愿同意将争议提交仲裁机构处理。
7, Dispute Resolution: Mediation and Arbitration The disputes mentioned here include not only the stalemate in collective bargaining but also the labor disputes in other aspects. In order to resolve these disputes, Recommendation No. 92 advocated the adoption of voluntary conciliation and arbitration. The so-called mediation: is to allow third parties to intervene to help both parties reach an agreement. Mediators can not propose solutions in any way. Sometimes it is not advisable even to suggest. Recommendation 92, emphasizing the close relationship between conciliation and negotiation, stated that the solution to the dispute reached through mediation should be regarded as the same result of the collective agreement reached in the usual manner. As a result, mediation actually became an extension of collective bargaining, with the only difference being that a neutral third party intervened in the negotiations. Arbitration and mediation is completely different. Arbitration is for third parties to intervene in labor disputes. The arbitrator may exercise its discretion independent of both parties. Such rulings are mandatory and must be implemented regardless of the willingness of both parties. The so-called voluntary arbitration means that after the dispute occurs, both parties to the dispute voluntarily agree to submit the dispute to the arbitration institution for handling.