"The Supreme People's Court on the labor arbitration commission fails to make the arbitration award or made inadmissible notice labor dispute cases by the people's courts should accept replied"

Article No.: France - [1998]24
Issue date: 1998-9-2

The text:

The Supreme People's Court on June 8, 1998 the 991st meeting of the judicial committee, is hereby promulgated, shall enter into force as of September 9, 1998.

Supreme People's court

September 2, 1998

Sichuan Provincial Higher People's court:

You (1998) Institute of Sichuan high Law No. 52 "about without labor arbitration of labor disputes, the parties to the court the people's court shall accept the request" received. Through research, the following reply:

According to the "labor law" of the people's Republic of China stipulates that the seventy-ninth spirit, labor dispute cases by the labor dispute arbitration committee for arbitration is necessary procedure of lawsuit. The labor dispute arbitration commission fails to make an arbitration award or make a decision of rejection, if a party refuses to accept the administrative litigation to the people's court, the people's court shall not accept the case; if a party refuses to accept the labor dispute arbitration, labor dispute arbitration commission, may bring a civil lawsuit to the people's court.

This complex

 

The Supreme People's Court on the 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

Article No.: France - [2000]18
Issue date: 2000-7-10

The text:

For correct application of law in the trial of labor dispute cases, the people's court shall order to approve the withdrawal or dismiss the complaint, the labor dispute arbitration in force when the problems are explained in the following:

The first. A party refusing to accept the arbitration of labor disputes to the people's court and the application for withdrawal, the court granted review the withdrawal of the suit, the people's court arbitration award since served the date of legal effect.

Article second party for than the prosecution and is ruled by a people's court rejected the prosecution, the prosecution of the arbitral award since the expiration of the time to restore the legal effect.

Third because of the arbitral award to determine the subject qualification error or arbitration matters not a labor dispute, by the people's court rejected the prosecution, the arbitral award shall have no legal effect.

 

 

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

 

Number: Act release No. [2001]14
Issue date: 2001-3-22

The text:

For the trial of labor dispute cases, according to the "labor law of the people's Republic of China" (hereinafter referred to as the "labor law"), and the "PRC Civil Procedure Law" (hereinafter referred to as the "Civil Procedure Law") and other related provisions of law, some legal problems, explained as follows.

The dispute between the workers and employers, which belongs to the "labor law" the provisions of article second of the labor dispute, the parties accept the labor dispute arbitration committee for arbitration, to the people's court, the people's court shall accept:

(a) the worker and the employer in the performance of labor contract disputes in the process of;

(two) did not conclude a written labor contract between employer and employee, but has formed labor relations after 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 insurance and other social insurance disputes.

Article second labor dispute arbitration committee for arbitration by the parties matters not a labor dispute on the grounds, 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 third labor dispute arbitration committee 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 accept the case; to have exceeded the time limit of the arbitration application, and there is no force majeure or other legitimate reasons, to dismiss the lawsuit.

Article fourth labor dispute arbitration committee for arbitration is not the main grid on the grounds, 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 barge to prosecute.

Article Fifth Labor Dispute Arbitration Committee for arbitration to correct the wrong decision, parties may, according to the people's court, the people's court shall accept.

Article sixth labor dispute cases handled by the people's court, the parties to increase lawsuit request, such as the litigation and litigation of labor disputes are indivisible, shall be tried together; if it is an independent labor dispute, shall inform the parties to the labor dispute arbitration committee for arbitration.

Matters article seventh labor 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 eighth labor dispute cases by the employer is located or the labor contract to the jurisdiction of the grassroots people's court.

Labor contract is not clear, the jurisdiction of the grassroots people's court by the employer.

Article ninth the parties refuses to accept the same arbitration of labor dispute 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.

With tenth unit of choose and employ persons 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.

The eleventh units employing 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 twelfth labor contract between the employer and the other subjects of equal footing, and the employer and the contractor of both parties or one party of labor disputes happen, according to the people's court, party and the Contractor shall be as a party.

Thirteenth 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 fourteenth 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 fifteenth the employer in 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) forced labor by violence, threat or illegal restriction of personal freedom 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) refusal to pay remuneration for extending the working time;

(five) to pay workers wages below the local minimum wage standard.

Article sixteenth labor after the expiration of the contract, laborer 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 worker should be signed without a fixed term labor contract is not signed, 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 seventeenth 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 eighteenth 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 acceptance.

Article nineteenth the 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.

Dismissal, removal, dismissal, Twentieth unit of choose and employ persons is made, 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-first legally effective, the parties may apply to the people's court ruling out a labor dispute arbitration institution to make mediation book, by the applicant to any one of the following evidence that the arbitration of labor disputes mediation book, book, and upon examination and verification, the people's court according to the provisions of the civil procedure law "article 217th", the ruling shall not be execution:

(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 is against the social and public interests.

The people's court does not carry out the ruling in the book, shall notify the party concerned in written within thirty days following the date of receipt of the order matters, can the labor dispute to the people's court.