Official Reply of the Supreme People's court for the labor dispute arbitration on the dissolution of the labor contract application period should be how to counting problems

Number: Act release No. [2004]8
Issue date: 2004-7-26

The text:

In July 20, 2004 by the 1320th meeting of the judicial committee of the Supreme People's court. It is hereby announced, shall enter into force as of July 29, 2004.

July 26, 2004

The Yunnan Provincial Higher People's court:

Your [2004]256 cloud method "on the trial of labor dispute cases if the parties apply for labor dispute arbitration shall ask" how to date of receipt. Through research, the following reply:

Employing units in accordance with the "labor law" of the people's Republic of China article twenty-fifth (four) the provisions of item to terminate the labor contract with the laborer, the labor dispute, to a labour dispute arbitration committee for arbitration shall terminate the labor contract period is calculated from the date of receiving the written notice of the date of.

 

Interpretation of the Supreme People's Court on the law applicable to a number of labor dispute cases (two)

Article No.: France - [2006]6
Issue date: 2006-8-14

The text:

The Supreme People's Court on July 10, 2006 the 1393rd meeting of the judicial committee, is hereby promulgated, shall enter into force as of October 1, 2006.

Supreme People's court

August 14, 2006

For the trial of labor dispute cases, according to "people's Republic of China Labor Law", "PRC Civil Procedure Law" and other relevant laws and regulations, combined with the practice of the civil trial, the people's Court on some issues of applicable law of labor dispute cases supplementary explanation is as follows:

Article 1 the people's court for the trial of labor dispute cases, the following situations, as labor law the eighty-second regulation of the "labor dispute happened":

(a) in the payment of wages during the existence of the labor relations disputes, the employer can prove that have written notification to the employee for non payment of wages, written notice served on the date of the labor dispute happened. The employer cannot prove, workers rights, labor dispute happened.

(two) for the discharge or termination of labor relations disputes, proof of dissolution or termination of the labor relationship between the laborer received written notice of the time the employing unit may not claim rights, labor, labor dispute happened.

(three) the cancellation or termination of the labor relationship after the payment of wages, economic compensation, benefits and other disputes, workers paid by the employer can prove that the commitment of time for the dissolution or termination of labor relations after the specific date, for labour dispute between the employing unit commitment of payment date. Workers can not prove, dissolution or termination of labor relations, labor dispute happened.

Article second of arrears of wages for workers to apply for arbitration of labor disputes, when the relationship still exists, the employer to the employee applies for arbitration exceed sixty days on the grounds that no longer pay, the people's court shall not support. But the employer can prove that except the workers have received written notice of non payment of wages.

Third of workers with employer wage IOU for direct evidence to the people's court, claims not involving other labor disputes, as in the labor payment disputes, in accordance with general civil disputes the admissibility.

Article fourth of employers and workers because of labor relationship is terminated, and the dispute should be paid for the cancellation or termination of labor relations of economic compensation to produce, by the labour dispute arbitration committee for arbitration, parties to prosecute in accordance with the law, the people's court shall accept the case.

Article fifth the laborer and the employing unit dissolves or terminates the labor relationship, requests the employer to return the deposit, the deposit for the labor contract, mortgage, mortgage dispute, or the handling of labor personnel records, social insurance relationship transfer procedures of dispute, the labour dispute arbitration committee for arbitration, the parties according to the prosecution, the people's court shall accept the case.

Article sixth labor because of injury, occupation disease, request the employer shall bear for treatment of inductrial injury insurance dispute, by the labour dispute arbitration committee for arbitration, the parties to the lawsuit, the people's court shall accept the.

Article seventh the following disputes does not belong to the labor dispute:

(a) the request of orgnaization of social insurance agency payment of social insurance disputes;

(two) workers and employers because of the housing system reform of public housing transfer dispute;

(three) workers on the grade of disability appraisal conclusion of work capability assessment committee or the occupation disease diagnosis appraisal committee of the occupation disease diagnosis appraisal conclusion objection disputes;

(four) between the family or individual and domestic service personnel disputes;

(five) between the individual craftsmen, apprentices and journeymen disputes;

(six) between rural contracting households and employee disputes.

Eighth if a party refuses to accept the labor dispute arbitration committee for the payment of workers wages or medical expenses in advance ruling, the people's court, the people's court shall not accept the.

The employer fails to perform the ruling in the payment obligation, workers shall apply to the people's court for compulsory execution, the people's court shall accept the case.

Article ninth of workers have the name and individual industrial and commercial households produce labor dispute lawsuit, the people's court shall take the business license registration number for the party, but should also specify the nature brand owners.

Article tenth labor for the performance of labor force dispatching contract dispute to court, the dispatching entity shall be the defendant; the dispute involves the recipient entity, the dispatching unit and receiving unit as a joint defendant.

Eleventh workers and employers are not satisfied with the same ruling of the labor dispute arbitration commission, charged to the same people's courts, the people's court shall trial, both parties are the plaintiff and the defendant. During the litigation, a party to the withdrawal of the suit, the people's court shall, according to the claims of the other party to continue the trial.

The twelfth party can prove that the arbitration period can not be unable to apply for arbitration in force or other objective reasons, the people's court shall suspend the recognized during the arbitration, eliminate from suspension of reason, for arbitration during the continuous calculation.

The Thirteenth Party can prove that has one of the following situations in the application for arbitration within the period, the people's court shall interruption during that applies for arbitration:

(a) to the other party claims rights;

(two) to the relevant departments request right relief;

(three) the consent of the other party to fulfill the obligations.

Interrupt request during the arbitration, from the other party refused to fulfill their obligations, or the relevant department to make a decision or made it clear that no treatment, apply for arbitration during the re calculation.

Fourteenth in the course of legal proceedings, the workers to apply to the people's court for property preservation measures, the people's court review of that the economic difficulties, or there is evidence to prove that the employing units are un likely, should reduce or exempt workers provide guarantee obligations, to take timely measures to save.

Property preservation fifteenth people's court decision, should inform the parties in the labor arbitration award or the judgment of the people's court shall within three months after the application for enforcement. If no application, the people's court shall rule to terminate the measures of preservation.

The formulation of the sixteenth where an employing unit of internal rules and regulations and collective contract or the content of the labor contract is inconsistent, request priority for workers agreed in the contract, the people's court shall support.

Article seventeenth the parties in the labor dispute mediation committee chaired by having the contents of labor rights and obligations of the mediation agreement, with the labor contract binding, as the people's court according to the.

The parties in the labor dispute mediation committee under the auspices of only the remuneration for labor dispute mediation agreement is reached, the employer fails to perform the payment obligation determined in the mediation agreement, the workers directly to the people's court, the people's court may accept according to the ordinary civil disputes.

Article eighteenth the interpretation shall be implemented as of October 1st two hundred six years. The interpretation of the Council promulgated prior to the implementation of the relevant judicial interpretations inconsistent with the provisions of this interpretation, to the interpretation of the provisions shall prevail.

After the implementation of this interpretation, the interpretation and application of the people's court pending trial, the cases of second instance. This interpretation has been concluded before the implementation of case, shall not apply for a retrial of this interpretation.