摘要
澳门的劳动监察制度独具特色。通过劳动监察的处罚和调解,使得大量的劳动争议在劳动监察阶段被化解,只有少量争议进入诉讼,从而使劳动监察程序成为劳动争议处理程序当中最主要的程序。内地应当借鉴澳门的劳动监察制度,对于那些事实清楚、证据充分、明显违反劳动法的行为,由劳动监察部门直接给以行政处罚或行政调解的方式处理。这是化解目前数量庞大的劳动争议的必由之路,也是设置劳动监察制度的本意所在。
Macao has a characteristic system of labor supervision. Through punishment and mediation, a lot of labor disputes have been resolved in the stage of labor supervision, only a few labor disputes has been filed lawsuit. Therefore, labor supervision has become the most important process of labor dispute settlement. China mainland should draw lessons from the labor supervision sys- tem of Macao, those unlawful behaviors with clarified facts and ample evidence should be resolved directly by the labor supervision departments through administrative penalty and administrative mediation. It is the not only the only way to resolve the large number of labor dispute, but also the original intentions of set up the labor supervision system.
出处
《中国劳动关系学院学报》
北大核心
2012年第4期67-72,共6页
Journal of China University of Labor Relations
关键词
劳动监察
劳动法
劳动争议
劳资关系
labor supervision
labor law
labor dispute
labor relations
