The Supreme People's Court on the judicial interpretation of the trial of labor dispute cases (a) (two) (three) (four)

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The Supreme People's Court on the judicial interpretation of the trial of labor dispute cases (a) (two) (three) (four)

Supreme People's court
Several issues concerning labor dispute case applicable legal interpretation (a)
(by the Supreme People's Court on March 22, 2001 the 1165th meeting of the judicial committee)
Interpretation (2001) No. 14
The Supreme People's Court of the people's Republic of ChinaThe announcement
"Explain" the Supreme People's Court on the law applicable to a number of labor dispute cases was in March 22, 2001 by the Supreme People's courtThe 1165th meeting of the judicial committee of the academy. It is hereby announced, shall enter into force as of April 30, 2001.
                                                  Two hundred year April 16th
　　
Article 1The following disputes between workers and employers, which belongs to the "labor law" the provisions of article second of the labor dispute, the parties accept theThe labor dispute arbitration committeeTo make the decision, file a suit in a people's court according to law, the people's court shall accept:
(a) the worker and the employer in the performance of labor contract disputes in the process of;
(two) not contract between employer and employeeA written labor contractHas been formed, butLabor relationsAfter the occurrence of the dispute;
(three) workers after retirement, and participate in the co-ordination of social insurance is not the original employer pension, medical expenses for recourse,Treatment of inductrial injury insuranceAnd other social insurance disputes.
Article secondThe labor dispute arbitration commission to the parties applying for arbitration matters does not belong to the labor dispute, made not to accept the written ruling, decision or notice, party refuses to obey, to the people's court according to law, the people's court shall deal with each case:
(a) belongs to the labor dispute cases shall be accepted;
(two) does not belong to the labor dispute cases, but belong to the people's court to other cases shall be accepted by the supervisor.
Article thirdThe labor dispute arbitration commission according to the "labor law" article eighty-second, the parties for arbitration over a sixty day period for, made not to accept the written ruling, decision or notice, party refuses to obey, to the people's court, the people's court shall be accepted; to have exceeded the time limit of the arbitration application, and there is no force majeure or for other legitimate reasons, to dismiss the lawsuit.
Article fourthThe labor dispute arbitration committee for arbitration body is not suitable for, made not to accept the written ruling, decision or notice, party refuses to obey, to the people's court, upon examination, it is disqualified, ruled inadmissible or dismiss a prosecution.
Article fifthThe labor dispute arbitration committee for arbitration to correct the wrong decision, the parties may, according to the people's court, the people's court shall accept.
Article SixthThe people's court accepts the labor dispute cases, the increase in litigation request, such as the litigation and litigation of labor disputes are indivisible, shall be tried together; if it is an independent labor dispute, the parties shall be notified to the labour dispute arbitration committee for arbitration.
Article seventhMatters to the labour dispute arbitration committee for arbitration does not belong to the scope of the case, the people's court accepting the party concerned refuses to accept, to the people's court according to law, rule not to accept or reject the prosecution.
Article eighthLabor dispute cases by the employer is located or labor contractThe basic people's courtHave jurisdiction over.
Labor contract is not clear, the jurisdiction of the grassroots people's court by the employer.
Article ninth the parties may Labor dispute arbitrationThe same arbitration committee, to a people's court, the first prosecution of one party for the plaintiff, but on both sides of the lawsuit, the people's court shall make a ruling.
The people's Court of both parties on the same arbitration awards respectively to have jurisdiction over the lawsuit, the people's court after accepting it shall transfer the case to the people's court to accept.
Article tenthWith the employing unit and other units, and before the occurrence of the labor dispute, the merged unit for the party; the employer is divided into several units, the division of labor dispute occurred, the actual separation of the employer for the party.
The employer is divided into several units, to bear the labor rights and obligations of the unit is not clear, the separation of units are parties.
Article eleventhThe employer does not terminate the labor contract, the unit and a laborer labor dispute occurred, can make a new employer for third people.
The original employing unit with a new employer violations to the people's court, can train workers for third people.
The original employing unit with a new employer and common infringement by the people's court, the new employer and as a co defendant.
Article twelfthLabor contract management during the period between the employer and the other subjects of equal footing, and the employer and the contractor of the two sides or one side of labor disputes happen, according to the people's court, party and the Contractor shall be as a party.
Article thirteenthTo make due to the employer's dismissal, removal, dismissal, dissolution of the labor contract, to reduce the calculation work of labor compensation, and other decision of the labor dispute, with the employer shall assume the burden of proof.
Article fourteenthA labor contract is confirmed as invalid, pay to the employer of labor, generally refer to the unit during the same period, the same type of work, the same job wage payment for labor.
According to the "labor law" provisions of article ninety-seventh, due to an invalid contract the employer's reason, the damage to the workers, and termination of the contract shall be in accordance with the violation of economic compensation for the labor payment standard, economic damages caused by invalid contract workers lost.
Article fifteenthThe employer is under any of the following circumstances, forced laborer proposes to terminate the labor contract, the employing unit shall pay labor remuneration and economic compensation of workers, and pay compensation:
(a) by violence, threat or illegal restrictionPersonal freedomForced labor means;
(two) fails to pay labor remuneration or provide working conditions stipulated in the labor contract;
(three) reduction or delaying the payment of wages to labourers;
(four) refused to pay the workersExtended working timeWage payment;
(five) is lower than the localThe minimum wage standardPayment of wages to labourers.
Article sixteenthThe labor contract expires, the workers are still in the original employer, the original employer does not object, as the two sides agreed to continue to fulfill the labor contract with the original conditions. One party to terminate the labor relationship, the people's court shall support.
According to the "labor law" provisions of article twentieth, the employer and the employee should be signedThe non fixed term labor contractBut did not sign, the people's court may exist between the parties as a labor contract without a fixed term, and the original labor contract to determine the rights and obligations between the two.
Article seventeenthThe labor dispute arbitration committee for arbitration, if a party refuses to accept the decision of some matters, to the people's court according to law, labor dispute arbitration award shall have no legal effect.
Article eighteenthThe labor dispute arbitration committee for a plurality of labor dispute to arbitration, worker refuses to accept the arbitration award, according to the people's court, the arbitration award for workers to prosecute no legal effect; on the part of workers not to prosecute, legal effect, its application execution, the people's court shall accept.
Article nineteenthThe employer according to the "labor law" provisions of article fourth, through democratic procedures, rules and regulations, not in violation of laws, administrative regulations and policies and regulations, and have been announced to the workers, as the people's court hearing labor dispute cases on the basis of.
Article twentiethDismissal, removal, dismissal, made to the employer, or for other reasons to terminate the labor contract is wrong, the people's court may revoke the decision according to law.
For recourse labor remuneration, pensions, medical expenses and treatment of inductrial injury insurance, economic compensation, training fees and other costs associated with such cases, payment amount is improper, the people's court may be changed.
Article twenty-firstIf the parties apply for legal effect, the people's court for enforcement of the arbitral award the arbitration of labor dispute mediation mechanism made by the applicant, any of the following circumstances evidence to prove that the arbitration of labor disputes mediation book, book, and after examination and verification, the people's court according to the provisions of the civil procedure law "article 217th", the ruling shall not be executed:
(a) where the matter does not belong to the labor dispute arbitration scope, or the labor dispute arbitration commission shall not have the right to arbitration;
(two) there is error in the application of the law;
(three) Arbitration of the case, a play favouritism and commit irregularities, pervert the law ruling behavior;
(four) the people's court determines that the execution of the labor dispute arbitration award againstThe social and public interestsThe.
The people's court does not carry out the ruling in the book, shall notify the party concerned in the book thirty days of the day following the receipt of the order
In May, in respect of such labor dispute to the people's court.
 
 
Supreme People's court
Several issues concerning labor dispute cases the interpretation of applicable law (two)
Law interpretationNo. [2006]6
Date of promulgation:20060814 date: 20061001 promulgated by the Supreme People's court
　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
　　                                                    Two OO six years in August 14th
For the trial of labor dispute cases, according to the"The labor law of the people's Republic of China","The people's Republic of ChinaThe civil procedural law of our country"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:
　　The labor lawThe provisions of the "labor disputeArticle eighty-secondOn the date of":
(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.
　　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.
 
 
Supreme People's court
Several issues concerning labor dispute cases the interpretation of applicable law (three)
Method (release2010) 12    
(by the Supreme People's Court on July 12, 2010 the 1489th meeting of the judicial committee)
"Interpretation of the Supreme People's Court on the law applicable to a number of labor dispute cases (three)" inThe Supreme People's Court on July 12, 2010 the 1489th meeting of the judicial committee, is hereby promulgated, shall enter into force as of September 14, 2010.
 　　　　　                                                   Supreme People's court           
                                                            Two September 13th 2010
 
   For the trial of labor dispute cases, according to "people's Republic of China Labor Law", "people's Republic of China Labor Contract Law", "people's Republic of China labor dispute mediation and Arbitration Law", "PRC Civil Procedure Law" and other relevant laws and regulations, combined with the practice of the civil trial, the following explanation.
Article 1 workers with employer fails to handle the social insurance procedures, and the social insurance agency cannot go make it unable to enjoy social insurance treatment on the grounds, to require the employer to pay compensation for the losses and the dispute, the people's court shall accept the case.
Article second for enterprise restructuring disputes, the people's court shall accept the case.
Third of workers on the basis of the labor contract law the eighty-fifth regulation, bring a lawsuit to the people's court, requires employers to pay and pay for the damages, the people's court shall accept the case.
Article fourth labor and did not apply for business license, business license shall be revoked or business continued to dispute after the expiration of the term of operation of unit of choose and employ persons, shall the employer or its contribution to be one of the litigants.
Article fifth does not apply for business license, business license shall be revoked or business term still continue to operate the employer, borrowing others to link, business license, the employer and the business license shall be the lender as the party.
Article sixth the parties accept the labor dispute arbitration committee for arbitration awards, bring a lawsuit to the people's court according to law, the people's court examination that the omission of the arbitration award must participate in the arbitration common parties, shall add missing human litigants.
The additional party shall bear the liability, the people's court shall be dealt with.
Article seventh the employer and shall have and shall enjoy the labor dispute treatment of old-age insurance or pension personnel, bring a lawsuit to the people's court, the people's court shall be treated according to labor relations.
Eighth enterprises lwop personnel, did not reach the statutory retirement age of early retirement staff, laid-off workers laid off workers and the enterprise production a long holiday, with the new employer, labor disputes, according to the people's court proceedings, the people's court shall, according to the relationship of labor.
Article ninth labor advocate overtime, overtime work shall be the existence of the facts bear the burden of proof. But workers have evidence to prove that the employer master overtime evidence of facts, the employer is not provided, the employing units shall bear the adverse consequences.
Tenth of the workers and employers have the dissolution or termination of the labor contract shall go through the relevant formalities, payment of wages, overtime pay, economic compensation or damages and other agreements, mandatory provisions do not violate laws, administrative regulations, and there is no danger of fraud, coercion or by the shape, it should be recognized as valid.
The protocol has significant misunderstanding or obviously unfair situation, where a party concerned requests to withdraw, the people's court shall support.
Article eleventh labor dispute arbitration committee made a legally effective mediation book, filed a lawsuit against a party estoppel, the people's court shall not accept the case; has to accept, reject.
Article twelfth labor dispute arbitration committee fails to make the decision of acceptance or the arbitration award, the parties directly file a lawsuit, the people's court shall accept the application for arbitration, except for the case of existence of the following reasons:
(a) transfer of jurisdiction;
(two) is served or delivery delay;
(three) wait for other litigation result, disability evaluation conclusion;
(four) are waiting for the labor dispute arbitration committee hearing;
(five) start identification procedures or by other departments to investigate and collect evidence;
(six) other legitimate reasons.
The parties to the labor dispute arbitration commission fails to make an arbitral sue, shall be submitted to the labor dispute arbitration committee issued a notice of acceptance or other has accepted the application for arbitration certificate or proof.
Thirteenth of workers on the basis of mediation and Arbitration Law Article forty-seventh (a) provision, recourse labor remuneration, work-related injury medical expenses, economic compensation or damages, if the arbitration involves several items, each item to determine the amount of not more than the local minimum wage standard twelve months amount, should be in accordance with the final processing.
The same arbitration article fourteenth labor dispute arbitration committee also contains the final award items and non final award item, if a party refuses to accept the arbitration award to the people's court proceedings, shall be in accordance with the non final processing.
Fifteenth of workers on the basis of mediation and Arbitration Law forty-eighth stipulation to the grassroots people's court proceedings, the employing units on the basis of mediation and Arbitration Law stipulates that the forty-ninth intermediate people's court to the labor dispute arbitration commission to apply for the cancellation of the arbitration award, the people's court should be inadmissible; has accepted the case, the court shall apply.
By the people's court rejected the prosecution or the withdrawal of the suit, the employer may within thirty days of the receipt of the statement of award to the intermediate people's court, the labor dispute arbitration commission is located for the cancellation of the arbitration award.
Article sixteenth the employer in accordance with the provisions of the law on Mediation and arbitration of forty-ninth to the intermediate people's court for the cancellation of the arbitration award, the intermediate people's court to reject the application or cancellation arbitration ruling shall be final.
Article seventeenth labor according to the labor contract law article thirtieth paragraph second and mediation and Arbitration Law sixteenth stipulation to the people's court for a payment order in accordance with the civil procedure law, the seventeenth chapter supervision procedure, the people's court shall accept the case.
Pursuant to the labor contract law the thirtieth paragraph second for an order of payment by the people's court shall terminate the procedure for hastening debt recovery, workers labor dispute lawsuit directly to the people's court, the people's court shall inform it to the labor dispute arbitration committee for arbitration.
According to the provisions of the law on Mediation and arbitration of sixteenth for an order of payment by the people's court to terminate the procedure, on the basis of the mediation agreement workers directly file a lawsuit to the people's court, the people's court shall accept the case.
Article eighteenth labor dispute arbitration commission to make the final ruling, apply to the people's court for enforcement of laborers, the employing units to the intermediate people's court where the labor dispute arbitration commission to apply for revocation, the people's court shall order the suspension of execution.
The employer shall apply for arbitration or withdraw its application was rejected, the people's court shall rule to resume enforcement. The arbitration award has been revoked, the people's court shall order the termination of execution.
The employer for the cancellation of the arbitration award is rejected to the people's court, and in the execution of the program with the same reason plea not to be enforced, the people's court shall not support.
 
 

 

Interpretation of the Supreme People's Court on the law applicable to a number of labor dispute cases (four)
[Department]Supreme People's court  [word] act release No. [2013]4
[approval] [date]
[date] 2013.01.18 [] 2013.02.01 the implementation date
[time]Current  [effect] judicial interpretation level
[class] regulationsThe comprehensive interpretation and rules of civil litigation  [only] 194209 mark
[text]

Notice of the Supreme People's court


"Interpretation of the Supreme People's Court on the law applicable to a number of labor dispute cases(four) "the Supreme People's Court on December 31, 2012 the 1566th meeting of the judicial committee, is hereby promulgated, shall enter into force as of February 1, 2013.

Supreme People's court

January 18, 2013

(by the Supreme People's Court on December 31, 2012 the 1566th meeting of the judicial committee)

For the trial of labor dispute cases, according to the "The labor law of the people's Republic of China""Labor contract law of the people's Republic of China""Labor dispute mediation and Arbitration Law of the people's Republic of China""Civil Procedure Law of the people's Republic of China"And other relevant laws and regulations, combined with the civil trial practice, some problems concerning the application of law, explained as follows:

Article 1Labor dispute arbitration committee to no jurisdiction is inadmissible on labor disputes, litigation of the parties, the people's court in accordance with the following situations respectively:

(a) the examination that the labor dispute arbitration committee has no jurisdiction over the case, it shall inform the parties to the jurisdiction of the labor dispute arbitration committee for arbitration;

(two) after examination that the labor dispute arbitration committee has jurisdiction, shall inform the parties applying for arbitration, and the examination opinions written notice to the labor dispute arbitration committee, labor dispute arbitration commission is not accepted, the parties of the labor dispute lawsuit, it shall be accepted.

Article secondType the arbitral award to the arbitration award is determined as the quasi.

The arbitration award is not stated in the award for the final award or non final award, the employing unit refuses to accept the arbitration award at the basic people's court proceedings, shall handle it according to the following circumstances:

(a) the examination that the arbitration award is not the final award, the grassroots people's court shall accept the case;

(two) after examination that the arbitration award shall be final, the grassroots people's court shall not accept, but should notice to the employer may refuse to accept the intermediate people's court within thirty days of labor and personnel dispute arbitration commission is located for the revocation of the arbitral award from the receipt of the statement of award; have to accept, reject.

Article thirdThe intermediate people's Court of the employer for the revocation of final ruling on the case, shall form a collegial panel trial. After the examination, investigation and questioning the parties, no new facts, evidence or reason, the collegial panel considers that it is not necessary to conduct a trial, the trial can not.

The intermediate people's court may organize mediation the parties. Reach an agreement of mediation, conciliation statement can. If one party fails to perform the mediation agreement, the other party may apply to a people's court for compulsory execution.

Article fourthThe parties in the people's mediation committee under the auspices of only the payment obligations of the conciliation agreement reached, both parties consider necessary, may jointly apply for judicial confirmation to the people's Mediation Committee for the location of the grassroots people's court.

Article fifthThe reasons not attributable to himself from the original employing unit was assigned to the new employer, the original employer fails to pay economic compensation to the laborer in accordance withThe labor contract lawArticleArticle thirty-eightIn accordance with the new employer terminates the labor contract, or the employer to the employee termination, termination of labor contract, in the calculation of economic compensation or compensation paid work, request the workers in the original employing unit of work experience combined with the calculation for the new employer work life, the people's court shall support.

Unit of choose and employ persons with one of the following situations shall be identified, "laborer reasons not attributable to himself from the original employing unit was assigned to the new employer work":

(a) the workers were still working in the workplace, work, subject of labor contract by the former employer to change to the new employer;

(two) the employing units to organize the workers are working to mobilize the assignment or appointment form;

(three) due to merger, division by the employer as a result of working to mobilize;

(four) the employer and its affiliated enterprises and workers to sign labor contracts;

(five) other reasonable circumstances.

Article SixthThe parties have agreed on the prohibition of business strife in the labor contract or confidentiality agreement, but not agreed rescission or termination of the labor contract to pay economic compensation to workers, workers perform the duty of prohibition of business strife, employing units in accordance with the requirements of workers in the labor contract is rescinded or terminated the average wage for the first twelve months of 30% monthly pay economic compensation, the people's court shall support.

The provisions of the preceding paragraph 30% of the average monthly wage lower than the minimum wage standard of the performance of the labor contract in accordance with the labor contract, to pay the minimum wage.

Article seventhThe parties have agreed on the prohibition of business strife and economic compensation in the labor contract or confidentiality agreement, the termination of the labour contract, unless otherwise agreed, employers require workers to perform the obligations of prohibition of business strife, or workers perform the prohibition of business strife obligation requires employers to pay economic compensation, the people's court shall support.

Article eighthThe parties have agreed on the prohibition of business strife and economic compensation in the labor contract or confidentiality agreement, the labor contract is rescinded or terminated, the reason for the employing units to not pay economic compensation to three months, the request to terminate the competition restriction provisions, the people's court shall support.

Article ninthDuring the term of the competition restriction, the employer requests to terminate the agreement of prohibition of business strife, the people's court shall support.

In cancelling the agreement of prohibition of business strife, laborer requests compensation in the competition unit to pay extra workers three months limit, the people's court shall support.

Article tenthIf the employee breaches the competition restriction provisions, pay liquidated damages to the employer, the employer requires the employee in accordance with the contract, continue to perform the obligations of prohibition of business strife, the people's court shall support.

Article eleventhThe change of labor contract without the written form, but has actually performed oral change labor contract for more than a month, the labor contract and does not change in violation of laws, administrative regulations, state policies and public order and good customs, the parties to do not use the written form for a change invalid labor contract, the people's court shall not support.

Article twelfthThe union employer terminates the labor contract in accordance with theThe labor contract lawArticleArticle thirty-nine, No.Article fortyIn accordance with the provisions, but notThe labor contract lawArticleArticle forty-threeNotify the trade union of predetermined, employee by the employer terminates the labor contract law requests an employer shall pay damages, the people's court shall support, but except unit has correction procedures relating to the prosecution of former.

Article thirteenth　The labor contract lawAfter the implementation period, because of employing units no longer continue operation due to the expiration of labor contract can not continue to perform, the request of economic compensation paid by the employing entity, the people's court shall support.

Article fourteenthForeigners, stateless persons not in accordance with the law to obtain employment certificates and Chinese domestic employers to sign labor contract, as well as the residents of the Hongkong Special Administrative Region, Macao Special Administrative Region and Taiwan area not to obtain employment certificate and the mainland employers to sign labor contracts, the parties request confirmation and the employer of labor relations, the people's court shall not support.

Hold "foreign experts certificate" and "foreigner work permit for foreign experts in China", and Chinese establish labor relations within the territory of the employer, can be identified as labor relations.

Article fifteenthThe interpretation of the Council promulgated prior to the implementation of the relevant judicial interpretation and the interpretation of conflict, since the date of implementation of this interpretation is not applicable.

This interpretation has not been made after the implementation of the labor dispute cases, the applicability of this interpretation; this interpretation which is the party applying retrial, or retrial according to the procedure of judicial supervision, the interpretation shall not apply.
 
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