The jurisdiction of our labor dispute cases

   Recently I agent a labor dispute case, the basic facts of the case are as follows:

   Min in 2007 September in Xi'an a company (WFOE) Beijing branch, the two sides did not sign labor contract, in 2007 December, a company based in Beijing, Xi'an Branch dismiss dismissed on the grounds of all employees (actually the company had not disbanded, but the person in charge of the branch and the company have contradictions turnover, resulting in all branch including min, the former head of recruitment of personnel must leave), also did not pay economic compensation. Just check out some time min has been more than two months pregnant, min to the Xi'an of a company for the respondent to the Beijing labor dispute arbitration committee for arbitration, continue to carry out the labor contract and pay the outstanding salaries, Arbitration Committee decision to withdraw the Xi'an a company's dismissal decision, both sides to resume labor relations of a company, Xi'an payments owed wages etc.. After the award is made both sides not to the courts, not to pay wages and obligation and min a resumption of labor relations to Xi'an a ruling after the entry into force, min to find Beijing branch Beijing branch has not found at the site office, do not know to where, minmou cannot go to Beijing branch work, but under min one to apply to the court for enforcement, the court to be performed in the field by a local court execution, is still in the implementation process. Min one in 2008 July after giving birth, in 2008 again in October to Xi'an of a company for the respondent to the Beijing labor dispute arbitration committee for arbitration, request to terminate the labor relationship between both parties, Xi'an a company to pay the outstanding salaries, did not sign labor contract double pay and terminate the contract of economic compensation, I the lawyer.

   During the course of the arbitration proceedings, Xi'an a company legally summoned not present in court, the Beijing labor dispute arbitration committee hearing absence of Xi'an and award a company to pay part of the outstanding salaries and no sign of the double pay, economic compensation, but the award also states: any party who refuses to accept the decision, since the award received within fifteen days from the date of a certain district of Beijing City People's court. According to the "Regulations on the trial of the law applicable to a number of Labor Dispute Cases Interpretation of the Supreme People's Court:" eighth labor dispute cases by the employer where the grassroots people's court, the labor contract is not clear, the jurisdiction of the location of the basic people's court by the employer. That is to say the labor dispute lawsuit jurisdiction is the location of the employer and the labor contract, and in the case of a company located in Xi'an and the performance of the labor contract is not in the same place, both parties such as labor arbitral award may be selected to the employer in the labor contract or the court, the Beijing labor dispute arbitration commission ruling provides that the two sides can sue to Beijing City District People's court, in fact, all of the Beijing labor arbitration commission is so, directly in the award list was dissatisfied with the ruling may bring a lawsuit to a local court in Beijing City, so either restrict the choice the right of parties to the location of the employer or the labor contract lawsuit, easily to other courts are reluctant to accept the individual labor dispute cases find excuses; or other court accepted the case according to the provisions of the judicial interpretation, and the Arbitration Commission this directly governed by Beijing listed a grass-roots court practice is illegal the referee too. At present our country labor dispute arbitration committee for arbitration award on the appeal of the award to the people's court statement is not unified, the Committee of labor arbitration most local expression is dissatisfied with the ruling People's court may have jurisdiction over the lawsuit, also part of the local Labor Arbitration Commission expressed as if refusing to accept the award may bring a lawsuit to the people's court, of course, some like Beijing directly expressed as against the ruling may bring a lawsuit to a specific basic people's Court (usually courts at the grassroots level, the labor dispute arbitration commission is located), and even the existence of some labor arbitration commission is to against the ruling to handle does not make any representation, it seems that for labor arbitration ruling appealed to the people's court statements are to be unified.

   I think that the case against the ruling it can sue to Beijing City, a District People's court, also can be to Xi'an a company where the court proceedings, but taking into account the min in Beijing, filed a lawsuit in Beijing on a favorable min, at least can save a lot of travel, bring a suit in a people's court for the District of Beijing city so in the min a decision against content in case I in 2009. On 19 January award determined, after court we waiting for court notice received from a company located in Xi'an grass-roots court summons, the original Xi'an a company filed a lawsuit against the labor arbitration award in 2009 February 3 to the seat of the court, and a company of Xi'an where the court has arranged the time trial. Having received a summons to feel is contrary to expectation in expectation, contrary to expectation is a company in Xi'an Arbitration phase failed to appear before the court to award results may sue the fact, expected the other once the prosecution will probably deliberately not to award requirements in a certain district of Beijing city court but the location of the court. In order to try to keep the case where the court hearing in Xi'an a company, I notice a certain district of Beijing City People's court judge, judge can hope and Xi'an a company where the court judge communication, cases will be directly transferred to Beijing court, my reason is the two courts have jurisdiction the case shall be under the jurisdiction of the court should first accept, after accepted the court should be under the jurisdiction of the court first seized files transferred, but the Beijing court judge said and Xi'an a company where the court is not a system, have no right to demand the other party to, let us go to. I told the judge that we go to court to this court made case to handle, a case can't be two trial court colleagues, and a Beijing court to file cannot be transferred to the Xi'an a company the seat of the court, but the judge insisted that we actively responding to the local court in Shaanxi, and to me request the opinion communication with the local court in Shaanxi dismissed. No way I had to Xi'an a company where the court of jurisdiction objection, the main reason is the Beijing court accepted the case, the Shaanxi court accepted the case, and the award has been declared should sue to the court of Beijing, Shaanxi's court shall not accept the case, even if accepted should also be in accordance with the provisions of the case to the Beijing court of first acceptance of mobile. But in my direction of Shaanxi local court with jurisdiction objection application and report of our proof material in a certain district of Beijing City People's court after being dismissed the objection to the jurisdiction of the Shaanxi courts apply, reason is the two sides did not sign labor contracts and so on labor contract is not agreed, in accordance with the regulations can only be governed by using the unit where the court, so don't agree to transfer. I think that did not sign labor contract does not represent the labor contract is not clear, min and Xi'an a company labor contract is obvious in Beijing, so I direction Xi'an a company where the court's superior court jurisdiction of the superior court of final appeal, to support our appeal, ruling transfer the case under the jurisdiction of Beijing City, a District People's court.

   In the whole process of trial jurisdiction disputes of both sides, I always take the initiative to a certain district of Beijing City People's court to report the circumstances of the case, a district of Beijing City People's court not only communicate with the Shaanxi court and heard reports of our case after cessation of the trial of the case, the jurisdiction disputes at present still by Shaanxi court, Shaanxi court have jurisdiction is uncertain, and should therefore be to suspend the trial of the case. I think obviously processing procedure for cases in a certain district of Beijing City People's court not. In the law explicitly stipulated in this case should be accepted by the court after the first to accept the court hearing the case, we have presented to the Shaanxi court case time documents to the Beijing court, this time than the time accepted the Beijing court's late, Beijing court in the know the facts. Should have the obligation and the court of Shaanxi communication how to jurisdiction, and should not let us go to Shaanxi actively respond, if we don't mention the jurisdiction objection jurisdiction objection or our final rejected Shaanxi's court, Shaanxi court heard the case, the Beijing court first made a case should be how to deal with, this will certainly cause a friend of misjudged cases in the procedure. Also our objection to the jurisdiction of the courts of the Beijing during the trial should not have to suspend the trial, if the final jurisdiction objection of our is not established, Beijing Court on its previous cases to handle, should say what is in violation of procedural law.

   The later Shaanxi court cases will be moved to the Beijing court, the Beijing court in the two trial of a company legally summoned Xi'an were not appear in court, court has been hearing absence and through the evidence, the court debate, final statement in the process stage, we wait for the verdict of the Beijing court judge, we also notice another court, I think has not agreed to re open after the trial, but the judge said Xi'an a company v. min a case though the materials transferred the Xi'an, but a company has not been paying fee, fee recently paid 10 yuan of money, so the third trial of Xi'an is a the company appealed and V. min a case. I immediately said Xi'an a company sued should have to pay or shall withdraw treatment, why transfer files over to collect the fees for accepting the case, the Beijing court judges answer says Shaanxi court case acceptance fee will not be transferred to the Beijing court to re charge, though, that the court's reply without reason, but to consider into all aspects of our evidence is more solid, also do not want to judge and complicate things, eventually we are third to the court, the Xi'an a company really to participate in the proceedings. Now the first instance judgment results have been made, and labor arbitration content about, I also consider whether to continue the process of.

    Through this case can see, our current jurisdiction of labor dispute cases do exist some problems, such as some labor arbitration directly determine the appeal of the award may bring an action against the labor arbitration commission is located under the jurisdiction of the court, in conflict with the existing laws and regulations on the obvious labor dispute litigation jurisdiction, limiting the parties against the labor arbitration ruling to the court's right to choose. Another example is not in accordance with the law to the jurisdiction of mutually making excuses, between different areas of the court, lack of communication, it has jurisdiction over the court also fails to exercise jurisdiction. There is in the process of transfer of jurisdiction in all the volume as a whole will not transfer, but part of the transfer, has to pay the case acceptance fee, maintenance fee, margin not be transferred. What is more is some local court for some objective intentional error applicable laws, trying the case in the court.

   I believe that in order to solve the problem of the jurisdiction of labor dispute cases should be started from the following aspects:

   1, the labor dispute arbitration commission, the court should abandon the idea of local protectionism, strictly in accordance with the law to exercise the jurisdiction.

   2, to improve the labor dispute arbitration, the professional level of law enforcement.

   3, the labor dispute arbitration commission and the court, all courts should strengthen exchanges and cooperation, to form a unified scale, avoid in determining jurisdiction problem scale is not uniform.

   4, the establishment of an effective monitoring mechanism, so that the parties and lawyers can find effective relief measures in the discovery of the existence of law enforcement personnel jurisdiction when processing error.

   To investigate the mechanism of 5, should be established under the jurisdiction of misjudged case, as far as possible under the jurisdiction of any error must investigate the legal liability of the case handling personnel.