Interpretation Of Several Issues Concerning The Regulations On The Handling Of Labor Disputes In Enterprises In People'S Republic Of China

1. Is the "dismissal worker" in the second item (1) of the People's Republic of China enterprise labor dispute handling Ordinance (hereinafter referred to as the "Regulations") a worker dismissed for violation of discipline?

Answer: "dismissal of workers" includes employees who have been dismissal due to violation of discipline and employees who have been dismissed by other countries and local labor laws and regulations for other reasons.

Two. If the disputes arising from the expulsion, delisting or dismissal of an enterprise prescribed in item second of Article 1 of the regulations are required, should a notice sent by an enterprise be provided by the employee when applying for arbitration?

Answer: a notice should be issued to the expulsion and removal of the employees.

If the employee is not satisfied with this application, the notice or certificate should be provided for arbitration.

In case of exceptional circumstances, the employee can not get such notice or provide other forms of written materials (such as circumstantial evidence and self statement), and the Arbitration Commission shall decide whether or not it can be used as a basis for accepting cases.

Three. What are the contents of wages, insurance, welfare, training and labor protection in item second (two) of the regulations?

Answer: the "wages" here refers to all kinds of labor remuneration that should be counted in the total wages of employees according to the provisions of the State Statistical Bureau, including standard wages, various bonuses, allowances and subsidies with prescribed standards.

"Insurance" refers to social insurance, including industrial injury insurance, medical insurance, maternity insurance, unemployment insurance, pension insurance and sick leave treatment, death, funeral, pension and other social security benefits.

"Training" refers to vocational and technical training for employees during their working hours (including job pfer), including training in all kinds of professional schools (vocational and technical schools, staff schools, technical schools, institutions of higher learning, etc.) and training of various vocational and technical training courses and training courses, and related training contracts and training costs, etc. It refers to various protective measures taken to protect workers from obtaining suitable working conditions in the process of labor, including provisions on working hours and rest time, vacation system, various measures to ensure labor safety and health, labor protection provisions for female workers, and labor protection provisions for minors. "Welfare" refers to the cost of employing units to subsidize workers and their families and to organize collective welfare undertakings.

Four. What are the "provisions" mentioned in item two (two) of the regulations?

Answer: the regulations mentioned here include laws, regulations and normative documents.

Five. What are the specific contents of the "disputes over the performance of labor contracts" stipulated in article three (three) of the regulations?

Answer: "disputes arising from the performance of labor contracts" include disputes arising from the execution, alteration, termination and termination of labor contracts.

Six. What is the meaning of "workers" in the second and third articles of the regulations?

Answer: "workers" means laborers who establish labor relations with enterprises according to the stipulates of the state and local laws and regulations.

It includes all management personnel, professional and technical personnel and workers, as well as foreign staff.

Seven, what are the common reasons mentioned in the fifth regulation of the regulations?

Answer: common grounds refer to the same reasons and the same reasons for applying for arbitration after a labor dispute occurs on more than 3 employees.

Eight. How to understand the term "Eleventh" in the regulations?

Answer: the "prescribed time limit" in the eleventh section of the Regulations refers to the limitation of the twenty-third parties' application for arbitration.

Nine, is it possible for provinces, autonomous regions and municipalities directly under the central government to set up arbitration committees for labor disputes?

Answer: whether the provinces, autonomous regions and municipalities directly under the central government establish labor dispute arbitration committees, the people's governments of provinces, autonomous regions and municipalities directly under the central government shall decide on their own merits according to the actual situation.

If a labor dispute arbitration committee is set up, its scope of acceptance and responsibilities shall also be prescribed by the local people's government.

Where a labor dispute arbitration committee has been established, it shall be retained.

Ten, the thirteenth provision of the Regulations stipulates that the labor dispute handling body of the labor administrative department is the administrative body of the Arbitration Commission. How should the labor dispute handling body be understood?

Answer: the labor dispute handling agency of the labor administrative department refers to the labor dispute mediation and arbitration business management organization established by the labor administrative department, and it works with the administrative office of the same level arbitration committee.

Eleven. What are the "union workers" who can serve as arbitrators in the fifteenth of the regulations?

Answer: "trade union workers" who can serve as arbitrators refer to those who work in trade unions in various levels of trade unions and trade unions.

Twelve, the sixteenth provision of the Regulations stipulates that 1 arbitrators can handle simple labor dispute cases. Is this consistent with the arbitration tribunal's handling of disputes?

Answer: the sixteenth provision of the Ordinance stipulates that the arbitral tribunal shall consist of 3 arbitrators.

Since the 1 arbitrators handling labor disputes are basically the same as the arbitration tribunal in terms of duties, powers and procedures, they should be understood as the simple form of the arbitration tribunal, which is consistent with the arbitration court's handling of disputes.

Thirteen. How to determine the scope of the labor dispute arbitration committee set up by the autonomous state, league, autonomous county and flag?

Answer: the labor dispute arbitration committee set up by the Autonomous Prefecture, league, autonomous county and flag is responsible for accepting the scope of labor dispute cases in accordance with the spirit of the seventeenth article of the regulations.

Fourteen, how to understand the location of the wage relationship between the employees and the employees in the eighteenth regulation of the regulations?

Answer: the location of the unit that points to the wages of the workers.

Fifteen. How to determine the agents of the dead workers mentioned in the twentieth regulation of the regulations?

Answer: the death worker has no legal agent, so the provisions of the twentieth provision of the regulations shall belong to the scope designated by the Arbitration Commission as the designated agent, and shall be handled in accordance with the relevant provisions of the general principles of the civil law.

When accepting an arbitration application involving the interests of the dead workers, the Arbitration Commission shall appoint an agent for the dead worker.

The designated agent shall be the interest holder of the employee.

Sixteen, the twenty-first provision of the Regulations stipulates that both parties can reconcile themselves.

How to deal with the cases accepted by the arbitration commission after self Conciliation?

A: after the parties have reconciled themselves, the party applying for arbitration should apply to the Arbitration Commission for withdrawal.

After receiving the application for withdrawal, the Arbitration Commission shall issue an arbitration decision to withdraw the suit.

Seventeen, the twenty-fifth provision of the Regulations stipulates that the reason for decision not to be accepted shall be explained.

What form does "explain reason" take?

Answer: the Arbitration Commission shall issue a notice of inadmissibility to a labor dispute case which has decided not to accept the examination after the examination is not in conformity with the admissibility provisions, and the notice shall indicate the reason for not accepting it.

Eighteen, how can the parties who have not found the whereabouts reach the arbitration documents?

Answer: the arbitration documents required by the labor dispute arbitration committee can be found in the form of a public notice when the service person has checked the whereabouts, and the time limit for the service shall be determined in the announcement.

Nineteen, in the time of the prescribed time of handling cases, if there is a special case, can the labor dispute case fail to continue to be tried for 2, can it be discontinued?

Answer: in the process of trying labor disputes, the arbitration tribunal may, if there is any special circumstances (such as asking for a reply to a higher unit, waiting for a reply, an investigation between the Arbitration Commission, an appraisal, a party being ill, or being unable to participate in arbitration activities and other force majeure reasons), resulting in the labor dispute can not continue to hear, the reason and time for suspending the trial may be submitted to the Arbitration Commission, and the hearing shall be suspended after the approval of the Arbitration Commission.

The prescribed time for handling the case shall be combined and calculated after the time of discontinuation is deducted.

Twenty, the thirty-fourth provision of the Regulations stipulates that the parties to a labor dispute apply for arbitration, and shall pay the arbitration fee according to the relevant provisions of the state. Should they be understood that the arbitration fee is borne by the arbitrator?

Answer: the thirty-fourth provision of the Ordinance means that the arbitrator should be asked to pay the arbitration fee according to the relevant regulations of the state.

According to the regulations, arbitration fees are divided into accepting fees and processing fees.

The acceptance fee is paid in advance by the application arbitrator, and the processing fee is paid in advance by both parties.

After closing the case, the Arbitration Commission determines the actual costs borne by both parties according to the result of the case.

Twenty-one. What objects do workers include in the thirty-ninth section of the Ordinance?

Answer: it includes regular workers, contract workers and temporary workers who have established labor relations with state organs, public institutions and social organizations according to law.

Twenty-two, the forty-third provision of the Regulations stipulates that the regulations shall come into force on August 1, 1993.

How to grasp the dispute?

Answer: if a labor dispute occurs after L August 1993, if it complains with the scope of acceptance stipulated in the regulations, and the arbitration applicant lodged a complaint within the limitation period of 6 months, the Arbitration Commission shall accept the case and deal with the case in accordance with the provisions of the regulations.

Labor disputes before August 1, 1993 are part of the scope of acceptance of the Interim Provisions on the handling of labor disputes in state owned enterprises (hereinafter referred to as "Interim Provisions"). If the arbitration applicants lodge a complaint in the limitation of time prescribed in the Interim Provisions, the Arbitration Commission shall accept the case and deal with it in accordance with the procedures stipulated in the Interim Provisions. If the Interim Provisions are not specified, the Arbitration Commission shall deal with it in accordance with the procedures stipulated in the regulations; if the arbitration applicant makes a complaint after the limitation of appeal prescribed in the Interim Provisions, the Arbitration Commission shall not accept it.

Labor disputes before August 1, 1993 do not fall within the scope of acceptance stipulated in the Interim Provisions, and are within the scope of acceptance stipulated in the regulations. If the parties do not lodge a complaint for more than 6 months, the Arbitration Commission shall accept it and handle it in accordance with the provisions of the regulations.