In the first stage theory by automatic withdrawal treatment of labor dispute cases could suit

   Netizens consulting about the labor arbitration handling labor dispute cases in court to prosecute parties after the procedure, the legal subpoena, not to take part in the proceedings and by the people's court according to whether the withdrawal treatment again the proceedings, Shen lawyers in this kind of problem elaborate personal views:

   Such cases are able to whether again litigation, court shall accept the case, some people hold the opinion that the parties may again litigation, court shall accept the case. There are two reasons for this view the crowd:

   1, labor dispute cases are prescribed procedures for arbitration, and in the proceedings the plaintiff did not appear in court as a case, based on the opinions of the Supreme People's court "some issues concerning the application of" the PRC Civil Procedure Law > "(hereinafter referred to as the" opinions ") the provisions of article 144th, the parties to withdraw or the people's court as a case after treatment, the parties to a lawsuit to a lawsuit, the people's court shall accept. Therefore, on the basis of the above provisions, the parties to a lawsuit is in accordance with the law, the people's court shall accept;

   In July 19, 2000 2, the implementation of the "about people's court for the labor dispute arbitration disputes to approve the withdrawal or dismiss the complaint after the labor dispute arbitration in force from time to explain" (hereinafter referred to as the "interpretation") the first rule, if a party refuses to accept the arbitration of labor dispute to the people's court and applies for the withdrawal of the suit, the people's the court granted review the withdrawal of the suit, the people's court arbitration award since served the date of legal effect. The "interpretation" clearly defined by the parties to apply for withdrawal, not by the automatic withdrawal treatment situation, the withdrawing is a kind of behavior of party autonomy right and treatment, according to the automatic withdrawal treatment is made under the authority of a court of appeal, the processing is not voluntary choice of the parties in the results, so the situation is not the application of the provisions of.

The lawyer thought that this kind of case can't again the proceedings, the court shall not accept the. Several reasons:

   1, "a number of opinions" although the withdrawal or by withdrawing treatment may have the same litigation request again for litigation, but the labor dispute case has the particularity, which is the precondition of arbitration, the arbitration case, on receiving the award within fifteen days after the parties have not action the arbitration award, the original effect, if a party fails to perform the obligations, the other party may apply to a people's court for compulsory execution;

   2, "explained" and does not specify if a party refuses to accept the arbitration of labor disputes to the court hearing for no reason not to appear in court and the court ruled by withdrawing treatment, labor arbitration award shall be legally effective when. But to apply for withdrawal and withdrawal treatment in essence is said to give up the meaning of the legal consequences of litigation, two are the same. The difference between the two is only an intention in different ways: apply for withdrawal by the parties in writing, make it give up litigation rights mean; as a case processing, is by the parties refuses to appear in court actions, to make its give up litigation rights is willing to submit to arbitration award means.

   3, if the case is "a number of opinions" provisions, the court may once again entertained the plaintiffs request, it will produce such a result: Court Plaintiff still refuses to appear in court proceedings, also can press again the withdrawal treatment, although the automatic withdrawal treatment according to the court, the parties may again action so move in circles, effectiveness, the original arbitration is long-term in a state of uncertainty, this result is obviously contrary to the development of the "interpretation" of the original, the other party is not fair, not to protect the party timely and effectively (especially the legitimate rights and interests of workers), another lawsuit of this the case, the court shall not accept the. 　

   To sum up, the labor dispute cases were treated by withdrawing, if the other party for compulsory enforcement, as long as they comply with the compulsory execution conditions of filing a case, the people's court will take enforcement measures, the plaintiff loses the lawsuit. Therefore, Shen lawyers to remind the parties to the labor dispute, must pay attention to their hearing time, no unnecessary loss due to his negligence.

----------------------------------------------------

The author of this article: Beijing labor law lawyer Shen Binti, Ceng Suzhen

Office address: Beijing City 26 Chaowai Street, MEN Finance & Trade Center building B block 8 layer with law firm          

Electronic mailbox:Shenbinti@yahoo.com.cn

Tel: 1366-131-39671530-111-5671