To suspend the trial of labor arbitration

[] to suspend the trial of labor arbitrationShen lawyers, have a thing to ask a favor of you, I have a friend, met a labor arbitration case,2013On April 16th, in April 22nd received the case acceptance notice, the trial began in May 15th May 22nd, by the applicant for an extension under the award, the reason is to go through the labor administrative departments on the amount of compensation for the audit, to the present case verdict has not the next, the Arbitration Commission mean to suspend the trial. The arbitration tribunal the existence of illegal procedure? The specific case: the applicant on 3 2012 October 16, 2012 salaries duties, tunneling slag operation in the underground, the right first toe is broken. November 1, 2012 was identified as work-related injuries, April 8, 2013 was identified as the ten level disability. The other is the applicant fails to conclude a labor contract with the applicant, and the applicant fails to pay the social insurance. Therefore, the applicant requests: 1, ruling lifted between the claimant and the respondent of labor relations; 2, ruling the respondent to pay the applicant one-off disability payments 38500 yuan, one-time grant Medicaid gold 33000 yuan, one-time grants for the disabled in employment of 33000 yuan; 3, the ruling is the applicant for the shutdown leaves firewood period wages 38500 yuan; 4, the respondent to pay the applicant ruling care costs 2000 yuan, 1400 yuan hospital food subsidies, nutritional costs 3000 yuan, transportation costs 500 yuan; 5, ruling the respondent to pay the applicant did not sign laborThe contractDuring the period of double pay 60500 yuan; 6, ruling the respondent to pay the applicant economic compensation 8250 yuan; 7, the respondent to pay the applicant award appraisal fee 380 yuan; 8, rulings by the applicant claimant medical insurance loss of 6600 yuan, 16500 yuan loss of endowment insurance, unemployment insurance, maternity insurance loss of 1650 yuan loss of 577.5 yuan. Thank you.

Shen Binti lawyers answer:

In accordance with the "labor dispute mediation and Arbitration Law" articleThe provisions of Article 44, laborAn arbitral award, the Arbitration Commission shall, from the date of accepting an application for arbitration within forty-five days after the end of. The complexity of the case needs to be extended, approved by the chairman of the Arbitration Commission may be postponed, and notify the party concerned in writing, but the extension shall not exceed fifteen daysThat is, the labor arbitration from acceptance to the ruling CentreThe longestIn accordance with the lawNo.Should beMore than 60 days.But in the actual operation process, some of the local labor arbitration committee based on the case of many reasons, understaffed, labor arbitration exceed the statutory time limit, but these man-made reasons not called labor arbitration hearing legal termination.

Labor arbitration to suspend the trial, refers to the labor arbitrationMay be because of the emergence ofTheSome legal mattersHearStop, stop time not inHearDuring the period of.Including: statutory reasons for case handling foundation is not clear from the relevant authorities, or case handling needs to wait for the ascertainment of a work-related injury, disability identification, the conclusion of judicial identification, served notice and other objective circumstances hearing of arbitration, the Arbitration Commission director approval, may suspend the case, and notify the party concerned in writing. Objective to suspend the trial is removed, the arbitration tribunal shall resume the hearing.In addition, the local also has about the details of the provisions of the labor dispute cases to suspend the trial,For example,Beijing City Labor and social security bureau "about the administrative reconsideration or administrative proceedings of labor dispute cases is to suspend the trial of the reply" states: "the parties in the labor dispute case handling process, to decide the case of injury, has been in accordance with the administrative reconsideration or administrative proceedings, but has not the" administrative review law "article twenty-first or the" administrative litigation law "provisions of the forty-fourth stop execution situation, the parties to the labor arbitration committee put forward to suspend the trial request, labor arbitration committee does not support the request. The parties shall lodge an administrative reconsideration or administrative litigation, administrative reconsideration law "appear" twenty-first or "administrative procedure law" specific administrative acts prescribed in article forty-fourth to stop the implementation of the cases, the specific administrative act is in effect pending state, therefore, the parties to the labor arbitration committee put forward to suspend the trial request, labor arbitration committee the trial of the case shall be suspended, and shall suspend the trial procedures. To stop the execution of the specific administrative act of the case removed, or the administrative reconsideration decision or the people's court judgment becomes effective, recovery case."

In this case the case, the respondent has not for the applicant to sign labor contract, not for the applicant to pay industrial injury insurance, but because the two sides have formed the fact labor relationship, so the applicant due to work injury remains to be identified as work-related injuries, and shall be identified as disabled ten level, can enjoy treatment of inductrial injury compensation.Did not participate in the employer employee injuries occurred during the period of industrial injury insurance, by the employer in accordance with the "industrial injury insurance regulationsRegulationsTreatment of inductrial injury insuranceThe items and standards of fee.For workers, were identified as one to ten levels, each level has prescribed standard of compensation, the compensation standards no longer after the labor administrative departments approved, therefore, by the applicant to suspend the trial reason for disability compensation should be approved by the administrative department of should not be arbitrated sector support. But if it is because the claimant for compensation of medical expense part,According to the "Regulations" the relevant provisions in industrial injury insurance,Treatment of work-related injuries cost of diagnosis and treatment of inductrial injury insurance in accordance with project directory, industrial injury insurance, industrial injury insurance drug list in the standard of service, from the industrial injury insurance fund. 2, cure of inductrial injury worker non work related injuries caused by disease, do not enjoy medical treatment of work-related injuries, according to the basic medical insurance approach.Therefore, the applicant claims for medical expenses loss, disputed the amount of compensation, the respondent to reason the arbitration hearing caveat, Shen lawyers think, labor arbitration committee shall support.

A typical case:

Company to the case on the grounds of administrative litigation period, apply for the suspension of the arbitration hearing, no basis in lawIndustry and the families of the dead and awarded 20 million grant

    Jiang Bin (a pseudonym) in November 9, 2008 to a company, sign labor contract with some company did not, as a civil engineer, 5000 yuan monthly salary. A company to pay wages to 2009 2 at the end of Jiang Bin. Jiang Bin in March 25, 2009 by the accident injury, treatment died. In June 8, 2009 the local administrative department of labor to make "conclusion" ascertainment of a work-related injury confirmation notice, because Jiang Bin died in. Jiang Bin's immediate family immediately apply for arbitration, says Jiang Bin worker deaths, according to byelaw of inductrial injury insurance regulations, require payment of funeral gold 22357.5 yuan, grant one-time industrial gold 178860 yuan subsidy.
　 A company to the Arbitration Commission to suspend the trial application, said Jiang Bin was injured in the non working hours, nor the unit arranged for Jiang Bin to go out to work, should not be work-related injuries, the unit that the conclusion does not approve of the administrative department of labor and industrial, administrative proceedings, request the Arbitration Commission to suspend the trial, to be administrative litigation cases after the end of the trial of the case. Identified, Jiang Bin works in a company, a company without pay work-related injury insurance premiums for Jiang Bin. In 2008 Beijing city worker year of average wage is 44715 yuan.
The outcome of the case
　 Basis "byelaw of inductrial injury insurance" thirty-seventh, "the implementation of Beijing" industrial injury insurance regulations > measures "such as the provisions of article thirty-fourth, the Arbitration Commission of Jiang Bin lineal relatives demanded payment of the death of a one-time grant workers 178860 yuan and funeral subsidies 22357.5 yuan request shall be supported.
Case analysis
　 Specific administrative acts of administrative organs or the organizations authorized by law to do, once made will take effect. The administrative departments of labor security to make work-related injuries that decided the behavior, is a kind of specific administrative acts of administrative confirmation.
　 "Administrative procedure law" forty-fourth stipulation: "don't stop the proceedings, execution of the specific administrative act. But one of the following circumstances, to stop the execution of the specific administrative act: (a) the defendant that the need to stop the execution; (two) the plaintiff applies to stop the execution, the people's court that the execution of the specific administrative act will cause irreparable damage, and suspension of the execution will not harm the public interest of the society, ruled that the suspension of the execution; (three) to stop the implementation of the provisions of laws, rules and regulations."
　 The municipal labor and social security bureau "about the administrative reconsideration or administrative proceedings of labor dispute cases is to suspend the trial of the reply" states: "the parties in the labor dispute case handling process, to decide the case of injury, has been in accordance with the administrative reconsideration or administrative proceedings, but has not the" Administrative Reconsideration Law "twenty-first or" administrative procedure law "provisions of article forty-fourth of the stop execution situation, the parties to the labor arbitration committee put forward to suspend the trial request, labor arbitration committee does not support the request. The parties shall lodge an administrative reconsideration or administrative litigation, administrative reconsideration law "appear" twenty-first or "administrative procedure law" specific administrative acts prescribed in article forty-fourth to stop the implementation of the cases, the specific administrative act is in effect pending state, therefore, the parties to the labor arbitration committee put forward to suspend the trial request, labor arbitration committee the trial of the case shall be suspended, and shall suspend the trial procedures. To stop the execution of the specific administrative act of the case removed, or the administrative reconsideration decision or the people's court judgment becomes effective, recovery case."
　 Thus, only with "administrative procedure law" legal cease circumstances stipulated in article forty-fourth, the Arbitration Commission shall suspend the trial, and to suspend the trial procedures.
　 In this case, the company proposed to suspend the trial reason not to have the "administrative procedure law" provisions of article forty-fourth of statutory termination case, therefore, the Arbitration Commission shall not suspend the trial.
   Sources: Beijing case "labor newspaper"

Trading friendly environment

Beijing Shen Binti labor lawyers address: Beijing Dongzhimen South Street No. 3 building 18 floor, even smell the law firm; E-mail: shenbinti@aliyun.comBusiness telephone: (+86)15301115671 (+86) 13661313967Interactive blog:Http://blog.sina.com.cn/shenbinti

Shen Binti lawyers introduction: female, master's degree in law from Xiamen University law school, dotting the labor law senior trainer, China impact Litigation Special observers, Beijing Wen law firm partner, Beijing labor law experts. Research on the legal disputes in the Shen Binti lawyers professional, focused on the cases of labor disputes and labor law, labor law training as a special consultant. Practising address: Beijing Dongzhimen South Street No. 3 has 18 floor building; e-mail:Shenbinti@aliyun.comBusiness telephone: (+86)15301115671 (+86) 13661313967Interactive blog:Http://blog.sina.com.cn/shenbinti