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去年下半年以来,由于国际金融危机对我国实体经济的影响,许多企业因经营困难而裁员减薪,引发了大量劳动争议。在现有法律框架下,劳动争议仲裁和诉讼是处理劳动争议案件最主要的途径和力量,如何快速妥善地处理劳动争议案件,减少其负面影响,成为劳动争议仲裁机构和人民法院需要共同面对的课题。当然,由于社会职能划分的不同,两者的关注重点及其方式并不完全相同:对于大量发生的劳动争议案件来说,仲裁机构的“拦截”作用应该得到更加充分地发挥,而如何强化劳动争议仲裁与司法审判的有机衔接,如何构建裁与审的有效对接机制,以形成解决劳动争议的合力,实现现有资源利用的最大化,缓解诉讼压力,则是法院迫切需要解决的问题。本期“调查·视野”栏目聚焦上海市青浦区人力资源社会保障局和青浦区法院携手应对劳动关系危局的方略,希望“青浦经验”能有助于读者观察与思考。
Since the second half of last year, due to the impact of the international financial crisis on the real economy of our country, many enterprises laid off their employees and cut their salaries due to operational difficulties, triggering a large number of labor disputes. Under the current legal framework, labor dispute arbitration and litigation are the most important ways and means to deal with labor disputes. How to deal with labor dispute cases promptly and properly and reduce their negative impact, so that labor dispute arbitration institutions and people’s courts need to face together The subject. Of course, due to the different division of social functions, the focus of attention and the ways of the two are not exactly the same: the function of “interdiction” of arbitration institutions should be given more full play for the labor dispute cases that occur in large quantities, and how It is an urgent issue that the court urgently needs to solve to strengthen the organic convergence of labor dispute arbitration and judicial adjudication and how to construct an effective docking mechanism of arbitration and adjudication so as to form a joint force for solving labor disputes and maximize the utilization of existing resources and alleviating litigation pressure . This issue of “Survey Horizons” focuses on the strategy of jointly handling the crisis of labor relations in Shanghai Qingpu District Human Resources and Social Security Bureau and Qingpu District Court, and hopes that “Qingpu Experience” can help readers to observe and think.