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我国企业劳动争议调解委员会存在着结构性缺陷。在调解制度的适用过程中,企业调解可以建设成劳动争议协商程序的平台,工会放弃其调解者的身份,真正代表劳动者与用人单位协商或协助劳动者与用人单位协商,维护劳动者利益。为充分发挥社会化调解组织的作用,应加强调解的专业化和职业化建设。对加强调解协议效力的支付令制度,应明确支付令失效后,不再适用仲裁前置的规定,劳动者可以直接提起诉讼。
China’s labor dispute mediation committee there are structural defects. During the process of application of the mediation system, the mediation of enterprises can be built as a platform for consultation process of labor disputes. The trade unions relinquish their status as mediators and truly represent the workers and employers in consultation or assistance with workers and employers to negotiate and safeguard the interests of workers. In order to give full play to the role of socialized mediation organizations, specialization and professionalization of mediation should be strengthened. As for the payment order system that strengthens the effectiveness of the mediation agreement, it should be clear that after the expiration of the payment order, the provisions of the pre-arbitration arbitration will no longer be applicable and the worker may directly bring the lawsuit.