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编者按今年以来,虽然随着企业用工管理的逐渐规范,以及规章制度体系和工作程序的不断完善,劳动争议案件的增长率已明显低于去年,但就案件绝对数量来说仍处于高位。据有关数据统计,2009年上半年北京市劳动争议部门受理的劳动争议案已高达四万余件。对于那些因规章制度不完善、工作程序不严谨而可能发生或已经发生劳动争议的企业来说,怎样正确看待劳动争议,如何妥善处理劳动争议,如何降低劳动争议带来的法律成本支出,如何在争议中更好地维护企业的合法权益,如何建立劳动争议预警线等等,是当今最需要解决的问题。针对以上问题,笔者将从争议在进入法定程序之前、之中以及矛盾解决之后等三个发展阶段出发,通过分析、点评相关案例,帮助企业找到正确看待与处理劳动争议的思路和方法。
Editor's note Since the beginning of this year, although the growth rate of labor dispute cases has been significantly lower than that of last year, with the gradual standardization of enterprise employment management and the constant improvement of the rules and regulations system and work procedures, the number of cases is still at a high level in terms of the absolute number of cases. According to the statistics, the number of labor disputes accepted by Beijing's labor dispute department in the first half of 2009 has reached as high as 40,000 pieces. How to correctly handle labor disputes, how to properly handle labor disputes and how to reduce the legal costs caused by labor disputes, how to deal with the legal costs caused by labor disputes can not be regulated effectively by those enterprises that may have or have been involved in labor disputes due to the lack of rules and regulations, Dispute to better safeguard the legitimate rights and interests of enterprises, how to establish a labor dispute warning line, etc., is the most need to solve the problem today. In view of the above problems, the author will start from the three stages of the dispute before it enters the legal process and after the contradiction is resolved. By analyzing and commenting on the relevant cases, the author will help enterprises to find a way and method to correctly view and handle the labor dispute.