Judicial Interpretations of Labor Disputes, Judicial Interpretations of Labor Disputes

Legal analysis: Labor disputes are disputes between the parties to labor relations arising from the implementation of labor laws and regulations and the performance of labor contracts, that is, disputes between employees and their employers over their rights and obligations in labor relations. According to the specific content of the rights and obligations involved in the dispute, they can be divided into the following categories:

Disputes arising from the confirmation of employment relations; Disputes arising from the conclusion, performance, modification, rescission and termination of employment contracts; disputes arising from removal, dismissal, resignation or resignation; Disputes over working hours, rest and vacation, social insurance, welfare, training, and labor protection development; Disputes arising from labor remuneration, work-related injury medical expenses, economic compensation or compensation, etc.; Other labor disputes stipulated by laws and regulations.

Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Article 3 In resolving labor disputes, the lawful rights and interests of the parties shall be protected in accordance with the lawfulness, fairness, timeliness and emphasis on mediation in accordance with the facts and in accordance with the law.

Article 4 In the event of a labor dispute, the worker may negotiate with the employer, or may ask the trade union or a third party to negotiate with the employer and reach a settlement agreement.

The Supreme People's Court has issued five judicial interpretations on labor dispute cases

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Hail Discussion Cases (Fa Shi 2001 No. 14) promulgated on April 16, 2001;

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (II) [Fa Shi 2006 No. 6] promulgated on August 14, 2006, etc.

Legal analysis: The following disputes between the employee and the employer are labor disputes, and if the parties are dissatisfied with the ruling made by the labor dispute arbitration institution and file a lawsuit in accordance with the law, the people's court shall accept it:

1) Disputes between the worker and the employer in the course of performing the labor contract;

2) Disputes arising after the labor relationship has been formed between the employee and the employer without a written labor contract;

3) Disputes between the worker and the employer over whether the labor relationship has been dissolved or terminated, and whether severance should be paid for the dissolution or termination of the labor relationship;

4) Disputes arising from requests from the employer to return the deposit, security deposit, mortgage or collateral of the labor contract received by the worker after the termination or termination of the labor relationship between the worker and the employer, or the dispute arising from the transfer procedures such as the personnel file and social insurance relationship of the worker;

5) Disputes arising from the employee's claim that the employer has not completed the social insurance formalities for the employee, and the social insurance agency cannot make up for it, resulting in the employee's inability to enjoy social insurance benefits;

6) Disputes arising from the recourse of pensions, medical expenses, work-related injury insurance benefits and other social insurance benefits between the employee and the original employer who has not yet participated in the overall social insurance plan after retirement;

7) Workers who request the employer to grant work-related injury insurance benefits in accordance with the law due to work-related injuries or occupational diseases;

8) Disputes arising from the employee's request for the employer to pay additional compensation in accordance with Article 85 of the Labor Contract Law;

9) Disputes arising from the independent restructuring of enterprises.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor imitation contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Labor disputes are resolved as follows:

1. You can complain to the labor inspection brigade or directly apply to the labor dispute arbitration commission for labor arbitration to protect your rights;

2. Relevant evidence can be collected, such as salary slips, salary cards, attendance records, work permits, work information, colleague certificates, audio recordings and other evidence that can prove the existence of labor relations, and the unit can be required to pay double the salary of the unsigned labor contract;

3. You can request the payment of arrears or arbitrary deductions of wages and 25% of the arrears or deductions of wages as economic compensation;

4. The employer may be required to pay severance for the termination of the labor contract or dismissal.

Legal basisArticle 5 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes.

In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

How to apply for labor arbitration.

1. For arbitration application, the parties must submit a written application to the arbitration commission for arbitration;

2. The case is accepted, and the parties submit an application for labor arbitration to the arbitration commission;

3. An arbitral tribunal shall be formed, and an arbitral tribunal shall be formed within seven days from the date of filing of the case for labor dispute cases that the arbitration commission has decided to accept;

4. The arbitration commission has the right to require the parties to provide or supplement evidence for investigation and evidence collection;

5. Arbitration and mediation, presided over by the arbitral tribunal or arbitrator, to mediate labor dispute cases in advance;

6. Arbitral award, arbitral tribunal** award.

Legal Analysis: The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases was adopted by the 1165th meeting of the Adjudication Committee of the Supreme People's Court on March 22, 2001. It is hereby promulgated and shall come into force on April 30, 2001.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I) Article 1: If the following disputes between a worker and an employer are labor disputes as provided for in Article 2 of the Labor Law, and the parties are dissatisfied with the ruling made by the labor dispute arbitration commission and file a lawsuit with the people's court in accordance with the law, the people's court shall accept it:

1. Disputes between the employee and the employer in the course of performing the labor contract;

2) Disputes arising after the labor relationship has been formed between the employee and the employer without a written labor contract;

3) Disputes arising from the recourse of pensions, medical expenses, work-related injury insurance benefits and other social insurance premiums between the laborer and the original employer who has not yet participated in the social insurance pooling after retirement.

Legal analysis: (1) disputes between the employee and the employer in the course of performing the labor contract;

2) Disputes arising after the labor relationship has been formed between the employee and the employer without a written labor contract;

3) Disputes arising from the recourse of pensions, medical expenses, work-related injury insurance benefits and other social insurance premiums between the employee and the original employer who has not yet participated in the overall social insurance plan after retirement.

Legal basis: "Labor Law of the People's Republic of China" Yu Jianbang Article 1 The following disputes between workers and employers belong to labor disputes as stipulated in Article 2 of the "Labor Law of the People's Republic of China", and if the parties are dissatisfied with the ruling made by the labor dispute arbitration commission and file a lawsuit with the people's court in accordance with the law, the people's court shall accept it:

1) Disputes between the worker and the employer in the course of performing the labor contract;

2) Disputes arising after the labor relationship has been formed between the employee and the employer without a written labor contract;

3) Disputes arising from the recovery of pensions, medical expenses, work-related injury insurance benefits and other social insurance premiums between the worker and the original employer who has not yet participated in the overall social insurance plan after retirement.

The judicial interpretation of labor disputes has the following points:

1. If the labor dispute arbitration commission makes a written ruling, decision or notice of inadmissibility on the grounds that the matter applied for arbitration by the parties is not a labor dispute, and the parties are dissatisfied and file a lawsuit with the people's court in accordance with the law, the people's court shall handle it separately, and if it is a labor dispute case, it shall accept it. Although it is not a labor dispute case, it is another case within the jurisdiction of the people's court, and shall be accepted in accordance with law;

2. If the labor dispute arbitration commission makes a written ruling, decision or notice not to accept the application for arbitration on the grounds that the subject applying for arbitration is not qualified, and the party is dissatisfied and files a lawsuit with the people's court in accordance with the law, after examination, if it is found that the subject is not qualified, it shall rule not to accept or reject the lawsuit;

3. After the people's court accepts a labor dispute case, if the parties add a claim, if the claim is inseparable from the disputed labor judgment dispute, it shall be heard together, and if it is an independent labor dispute, the party shall be informed to apply to the labor dispute arbitration commission for arbitration.

Legal basis

Labor Law of the People's Republic of China

Article 3 Workers shall enjoy the right to equal employment and choice of occupation, the right to receive remuneration for labor, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights provided for by law.

Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics. Article 82 The party making the request for arbitration shall submit a written application to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute. The arbitral award shall normally be rendered within 60 days of receipt of the application for arbitration.

If there is no objection to the arbitral award, the parties must perform it. Article 83 Where a party to a labor dispute is dissatisfied with an arbitral award, it may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. If one party does not file a lawsuit and fails to perform the arbitral award within the statutory time limit, the other party may apply to the people's court for compulsory enforcement.

Legal analysis: The Interpretation was officially implemented on January 1, 2021, and was promulgated in accordance with the Civil Code of the People's Republic of China, the Labor Law of the People's Republic of China, the Labor Contract Law of the People's Republic of China, the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China and other relevant laws and regulations, combined with trial practice, for the correct trial of labor dispute cases. The promulgation of this interpretation can alleviate the occurrence of different judgments in the same case in the judicial practice of judicial organs.

Legal basis: Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I).

Article 4 Where both the worker and the employer are dissatisfied with the same award of the labor dispute arbitration institution and file a lawsuit with the same people's court, the people's court shall join the cases for trial, and the two parties shall be the plaintiff and the defendant, and the people's court shall make a ruling on the litigation claims of both parties. Where one party withdraws the lawsuit during the course of litigation, the people's court shall continue the trial on the basis of the other party's litigation request. If the parties separately file a lawsuit with the people's court with jurisdiction over the same arbitral award, the people's court that accepts the case later shall transfer the case to the people's court that accepts it first.