我国现行劳动争议解决机制是“先裁后审”模式,即在发生劳动争议后,未能和解,并且当事人不愿申请基层调解机构调解或基层调解机构调解不成的,须先经劳动仲裁机构仲裁,才能向法院提起诉讼;劳动仲裁无须当事人事先达成仲裁协议,一方申请即可启动仲裁程序,另一方则被动强制地参加仲裁。 The current system of labor dispute resolution in our country is a “first instance and second review” mode. That is, after a labor dispute fails to settle and if the parties are not willing to apply for mediation by the grassroots mediation institution or the mediation by the grassroots mediation institution fails to be arbitrated by the labor arbitration institution , To bring a lawsuit to the court; labor arbitration without prior agreement reached by the parties to the arbitration agreement, one party can start the arbitration proceedings, while the other passive participation in arbitration.