China News Service, February 28. According to the official WeChat news of the Supreme People's Court, recently, in order to implement the Party Central Committee's deployment of a comprehensive mechanism for improving multiple prevention, mediation and resolution of social conflicts and disputes, and to strengthen the construction of labor and personnel disputes arbitration and litigation mechanisms, human resources The Ministry of Social Security and the Supreme People's Court jointly issued the "Opinions on Issues Concerning the Connection between Labor and Personnel Disputes Arbitration and Litigation (I)" (hereinafter referred to as "Opinions (I)"), which is the improvement of the Ministry of Human Resources and Social Security and the Supreme People's Court. It is another important measure for the multiple handling mechanism of labor and personnel disputes, the unification of the applicable standards of the adjudication law, the smooth channels for laborers' rights protection, and the maintenance of harmonious labor and personnel relations and social stability.
The "Opinions (1)" regulates the follow-up procedural guarantees of mediation agreements, improves the docking mechanism for litigation, adjudication, and mediation, clarifies the scope of the final award, and establishes the judicial review rules for arbitration evidence, which is conducive to promoting the resolution of the source of conflicts and disputes and reducing the cost of social governance. , to improve the performance rate of the mediation agreement, which is conducive to improving the rate of arbitration termination, and effectively and conveniently safeguarding the legitimate rights and interests of laborers; it refines the standard conditions for the application of relevant laws, which is conducive to the pre-arbitration function, and promotes the unification of the application of arbitration laws, which is conducive to Cultivate employers and workers' awareness of conscious law-abiding and usage, and improve arbitration and judicial quality, efficiency and credibility.
In the next step, the two departments will take the implementation of the "Opinions (1)" as an important part of promoting the normal and long-term effect of the "I do practical things for the masses" practice activities, and promote the promotion of The full implementation of the Opinions and the continuous improvement of the adjudication and adjudication connection mechanism provide more powerful services and guarantees for the overall promotion of enterprise development, the protection of labor rights and interests, and the construction of harmonious labor and personnel relations.
Ministry of Human Resources and Social Security Supreme People's Court
About the connection between labor and personnel dispute arbitration and litigation
Opinions on Issues (1)
Ministry of Human Resources and Social Security issued ﹝2022﹞9
The human resources and social security departments (bureaus) and higher people's courts of all provinces, autonomous regions, and municipalities directly under the Central Government, the Military Court of the People's Liberation Army, the Human Resources and Social Security Bureau of Xinjiang Production and Construction Corps, and the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region:
In order to implement the requirements of the CPC Central Committee on improving the comprehensive mechanism for multiple prevention, mediation and resolution of social conflicts and disputes, the "Opinions of the Supreme People's Court of the Ministry of Human Resources and Social Security on Strengthening the Construction of the Arbitration and Litigation Linkage Mechanisms for Labor and Personnel Disputes" (Ministry of Human Resources and Social Security [2017]) No. 70), in accordance with the relevant laws and regulations, combined with work practice, hereby put forward the following opinions on improving the connection between labor and personnel dispute arbitration and litigation.
1. If the labor and personnel dispute arbitration committee refuses to accept the application for arbitration review of the mediation agreement or decides not to make a mediation statement after the arbitration review, the parties may apply for arbitration on matters in the agreement that fall within the scope of labor and personnel dispute arbitration acceptance.
Where a party directly files a lawsuit with the people's court, the people's court shall not accept it, except in the following circumstances:
(1) After applying for a payment order in accordance with Article 16 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China and being ruled by the people's court to terminate the urging procedure, the worker directly files a lawsuit according to the mediation agreement;
(2) The parties only reach a mediation agreement on labor remuneration disputes under the auspices of the mediation organization stipulated in Article 10 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, and the employer fails to perform the payment obligations stipulated in the mediation agreement, and the employee directly files a lawsuit;
(3) The parties have reached a mediation agreement on the payment of arrears of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation under the auspices of a legally established mediation organization. It is stipulated that jointly apply to the people's court for judicial confirmation, but the people's court does not confirm it, and the laborer directly files a lawsuit according to the mediation agreement.
2. After the mediation agreement reached through mediation by a legally established mediation organization takes effect, the parties may jointly apply to the people's court with jurisdiction to confirm the validity of the mediation agreement.
3. According to Article 90 of the "Labor Contract Law of the People's Republic of China", if the employer requires the laborer to bear the liability for compensation, the labor and personnel dispute arbitration committee shall accept it according to law.
4. If the applicant withdraws the arbitration application and files a lawsuit with the people's court, the people's court shall rule not to accept the case; if it has already accepted the case, it shall rule to dismiss the case.
If the applicant applies for arbitration again, the labor and personnel dispute arbitration committee shall accept it.
V. The laborer requests the employer to pay compensation for illegal termination or termination of the labor contract. If the labor and personnel dispute arbitration committee or the people's court finds that the employer should pay economic compensation for the legal termination of the labor contract, they may rule or order the employer to pay economic compensation according to law. compensate.
If the laborer changes the arbitration claim or the lawsuit claim from requiring the employer to pay economic compensation to paying compensation before the conclusion of the arbitration debate or the conclusion of the first-instance debate in the people's court based on the same facts, the labor and personnel dispute arbitration committee and the people's court shall grant approval.
6. The evidence recognized by the parties in the arbitration procedure shall be regarded as cross-examined evidence after being explained by the judges during the trial.
7. If a party who bears the burden of proof according to law submits evidence that has not been submitted in the arbitration during the litigation period, the people's court shall require the party to explain the reasons.
8. In arbitration or litigation proceedings, if one party states unfavorable facts, or expressly acknowledges the unfavorable facts, the other party does not need to provide evidence to prove it, but the provisions on self-admission do not apply in the following situations:
(1) Involving those that may damage national interests and public interests;
(2) Involving identity relationships;
(3) The parties may maliciously collude to damage the lawful rights and interests of others;
(4) It involves procedural matters such as adding parties, suspending arbitration or litigation, terminating arbitration or litigation, and withdrawing according to functions and powers.
If the facts admitted by the parties are inconsistent with the facts that have been ascertained, the labor and personnel dispute arbitration committee and the people's court shall not confirm it.
9. The people's court shall not support the denial of a party's admission of facts in the arbitration procedure during the litigation procedure, except in the following cases:
(1) With the consent of the other party;
(2) The confession was made under duress or major misunderstanding.
10. The arbitration award involves the following matters, and the labor and personnel dispute arbitration committee shall apply the final award if the amount of the individual award does not exceed the local monthly minimum wage standard for twelve months:
(1) The laborer provides wages for normal labor within the statutory standard working hours;
(2) Wages during the suspension period or sick leave;
(3) One month's wages for the employer to terminate the labor contract without notifying the employee in advance;
(4) Medical expenses for work-related injuries;
(5) Economic compensation for competition restriction;
(6) Economic compensation for rescinding or terminating the labor contract;
(7) The second-time salary stipulated in Article 82 of the "Labor Contract Law of the People's Republic of China";
(8) Compensation for illegally agreed probationary period;
(9) Compensation for illegally rescinding or terminating the labor contract;
(10) Other labor remuneration, economic compensation or compensation.
11. If the adjudication matters involve the confirmation of labor relations, the labor and personnel dispute arbitration committee shall make a non-final award on the same case.
12. The Labor and Personnel Dispute Arbitration Committee shall, in accordance with the provisions of Article 50, Paragraph 4 of the "Labor and Personnel Dispute Arbitration Case Handling Rules", respectively make final and non-final judgments on cases that do not involve confirmation of labor relations. Where a court files a lawsuit, an employer applies to an intermediate people's court for revocation of a final ruling, or an employee or an employer files a lawsuit with a basic people's court against a non-final ruling, the people's court with jurisdiction shall accept it in accordance with the law.
The intermediate people's court that hears the application for revocation of the final ruling considers that the case must be based on the trial results of the non-final ruling case, and may suspend the litigation if the other case has not been concluded.
13. The worker refuses to accept the final ruling and files a lawsuit with the basic people's court, and the intermediate people's court rejects the employer's application for revocation of the final ruling or decides to reject the application, and the employer claims that the final ruling exists in the "Labor Dispute Mediation and Arbitration Law of the People's Republic of China" Under the circumstance specified in the first paragraph of Article 49, the basic people's court shall try them together.
14. If the employer applies for revocation of the final award, and the parties have reached a mediation agreement on some of the final adjudication matters, the intermediate people's court may issue a mediation letter for the matters for which the mediation agreement has been reached; try the matters for which the mediation agreement has not been reached, and make an application for rejection or revocation the award of the arbitral award.
15. If a party files a lawsuit with the people's court on some of the award matters, the arbitral award shall not take legal effect.
If the ruling matters filed by the parties are within the scope of the cases accepted by the people's court, the people's court shall try it.
If the adjudication matters for which the parties did not initiate litigation fall within the scope of the cases accepted by the people's court, the people's court shall confirm it in the main text of the judgment.
16. If the people's court's determination of the existence of a labor relationship and the validity of the relevant contract based on the facts of the case is inconsistent with the party's claim and the labor and personnel dispute arbitration committee's ruling, the people's court shall consider the nature of the legal relationship or the validity of the civil act as the focus issue, but The nature of the legal relationship has no effect on the reasons and results of the judgment, unless the relevant issues have been fully debated by the parties.
If the parties change their claims according to the court hearing, the people's court shall allow and may redesignate the time limit for producing evidence according to the specific circumstances of the case.
If there is no labor relationship and the parties have not changed the claim, the people's court shall make a judgment to reject the claim.
17. For cases that meet the circumstances of simplified handling, the Labor and Personnel Dispute Arbitration Committee has guaranteed the right of the parties to express their opinions in accordance with Article 60 of the "Arbitration Rules for Labor and Personnel Disputes", and determines the period for producing evidence, the date of hearing, and the hearing according to the circumstances of the case. The people's court shall not support the application for revocation of the final ruling on the grounds of violating legal procedures on the grounds of violating legal procedures.
18. The Labor and Personnel Dispute Arbitration Committee considers that the effective arbitration result is indeed wrong, and may initiate the arbitration supervision procedure in accordance with the law, unless the parties file a lawsuit and the people's court has accepted it.
After the labor and personnel dispute arbitration committee makes a new settlement result, if the party files a lawsuit according to law, the people's court shall accept it.
19. If the employer violates the principle of good faith and provides false academic certificates, personal resumes and other basic conditions directly related to the conclusion of the labor contract, which constitutes fraudulent termination of the labor contract, and the laborer claims economic compensation or compensation for the termination of the labor contract, the labor and personnel The Dispute Arbitration Commission and the People's Court shall not support it.
20. If the employer fails to enter into a written labor contract with the employee within one year from the date of employment, it shall be deemed that it has entered into a labor contract with no fixed term with the employee on the day of the expiration of one year from the date of employment.
The labor dispute arbitration committee and the people's court shall not support the labor and personnel dispute arbitration committee or the people's court if the situation in the preceding paragraph exists, and the laborer requires the employer to pay the second time salary after one year from the date of employment on the grounds that the employer has not concluded a written labor contract.
21. The parties have agreed on the non-compete restriction and economic compensation in the labor contract or confidentiality agreement. After the labor contract is terminated or terminated, the economic compensation has not been paid for three months due to the reasons of the employer, and the employee requests to lift the non-compete restriction agreement The labor and personnel dispute arbitration committee and the people's court shall support it.
Ministry of Human Resources and Social Security Supreme People's Court
February 21, 2022