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The Labor Dispute Mediation And Arbitration Law Was Implemented In May 1St.

2008/4/21 16:04:00 34

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Labourers can apply directly to the court for payment order with the "mediation agreement", and the labor dispute arbitration time is extended from 60 days to one year. "One ruling final" allows labor dispute cases to be solved at the arbitration stage.

These effective measures to protect the legitimate rights and interests of workers will be implemented after the labor dispute mediation and Arbitration Act came into effect in May 1st of this year.

Highlight 1

A claim for salary can be applied to the court for enforcement.

Case: more than 40 migrant workers have worked in a building unit in Chengdu for 3 years, and have not been paid.

Although the unit has issued "ious", it has failed to perform.

Migrant workers to court, the court decided to pay them a total of about 1000000 yuan of wages, but the unit still fails to perform, migrant workers can only apply to the court for compulsory enforcement.

Interpretation: from May 1st this year, as long as the relationship between creditor and debt is clear, migrant workers can directly submit the "ious" to the court and apply for payment order to the court. If they fail to perform, they can apply for enforcement by the court.

In the law of mediation and arbitration of labor disputes, it is particularly stressed that a conciliation agreement should be reached between the arrears of remuneration for labor, medical expenses of industrial injuries, economic compensation or compensation in order to apply for the payment order.

Highlight two

The limitation of application for arbitration has been extended to 1 years.

Case: in October 2007, Zhang had a dispute over the unit's claim for work injuries.

In February 2008, Zhang submitted an arbitration to the Chengdu labor arbitration commission. However, because Zhang's arbitration application had been more than 60 days' arbitration validity, the Arbitration Commission finally made a ruling that "the arbitration statute is beyond the time limit for arbitration," and Zhang can only sue the court.

Interpretation: the labor dispute mediation and arbitration law extends the limitation period of application for arbitration from 60 days to one year.

If the time limit for arbitration is interrupted due to reasons such as mediation and complaint, the limitation of arbitration shall be recalculated from the date of interruption.

Due to force majeure or other legitimate reasons, the parties may not apply for arbitration within the prescribed time limit, and the arbitration period shall be suspended.

If the enterprise is in arrears, as long as the worker is still working in the enterprise, even if he still works for more than one year, he may apply for arbitration and claim his wages.

Highlight three

Implementing "one final decision" and tilting workers

Case: in 2005, Wang worked in a real estate company and signed a labor contract with the company, but the company did not pay wages to Wang for 7 consecutive months. The labor arbitration commission applied for arbitration and the result was that the company should pay arrears of wages.

The company refused to accept the case and appealed to the court.

After the first instance decision, the company appealed to the intermediate people's Court of Chengdu. The case was dragged on. Until now, Wang has not yet received his salary.

Interpretation: from May 1st this year, once the Labor Arbitration Commission makes the ruling that the employer should pay wages, the employer must perform unconditionally.

For small arbitration cases and standard arbitration cases, once the arbitral award is made, the employer shall not apply to the Arbitration Commission for arbitration or court proceedings on the same dispute.

If the worker disagrees with the arbitral award, he may bring a lawsuit to the court.

Highlight four

Recourse can be ruled first.

Interpretation: the labor dispute mediation and Arbitration Law stipulates that the labor arbitration commission shall make a ruling within 60 days from the date of acceptance.

If the decision is not made within 60 days, the worker may bring a suit in the people's court.

Ceng Wenzhong, an associate professor of Law School of Sichuan Normal University, said that some facts could be clearly ruled first, and the cases of recourse to labor remuneration, industrial injury medical expenses, economic compensation or compensation should be decided according to the application.

If a worker applies for prior execution, he or she will not provide any guarantee.

From May 1st this year, labor dispute arbitration will no longer be charged.

//cn.jxmmtv.com/cn