To deal with the original arbitration to reduce or increase the litigation request of labor dispute lawsuit
The prosecution to reduce the request for arbitration is only part of the arbitration processing appealed to the people's court, the people's court the conditions for acceptance, the people's court shall accept.Once the parties exercise the right, arbitration institutions arbitration results is invalid.The people's court to deal with the case review and trial, and the trial and judgment according to the scope of Arbitration Commission ruling request.
In accordance with the "Regulations of PRC Civil Procedure Law", the people's court proceedings on the parties to apply, don't tell the principle, the people's court may only the request of the parties to the trial.According to the1989The Supreme Court "on the people's court hearing several problems of labor dispute cases" reply letter: "the parties involved in a labour dispute is not satisfied with the decision of the arbitration, the people's court, the people's court shall still in dispute the parties to litigation......, in the judgment, ruling, mediation should not contain any cancellation or maintain arbitration content".The people's court for all the contents of the labor arbitration hearing one by one, the party not to initiate litigation matters of labor arbitration to the people's court for enforcement problem, but contrary to the principle of not to ignore the civil provisions of the civil procedure law.Therefore the trial in the trial of labor dispute cases and the conflict of civil procedure.The Supreme People's court "provisions on the trial of the law applicable to a number of Labor Dispute Cases Interpretation" in article seventeenth, if a party refuses to accept the decision of some matters, to the people's court according to law,Labor dispute arbitrationAward does not have legal effect.Therefore, in the trial practice, reduce litigation request parties to the original arbitration, all dealing with labor arbitration proceedings and make parties request; the original arbitration increased, the judge should exercise the right to release tomorrow, inform the parties further processing.