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What Are The Characteristics Of Litigation Nature Of Labor Disputes?

2010/11/19 18:18:00 60

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Labor Dispute Arbitration Award Court Proceedings

The seventy-ninth provision of China's labor law stipulates: "

Labor dispute

After the occurrence of the dispute, the parties concerned may apply for mediation to the labor dispute mediation committee of the unit. If mediation fails, the parties concerned may apply for arbitration to the labor dispute arbitration committee if they request arbitration.

One party may also apply directly to the labor dispute arbitration committee for arbitration.

Yes

arbitration award

Those who refuse to obey can turn to the people.

Court

Mention

litigation

。

"The eighty-third provision of the law also stipulates that" if the parties to a labour dispute disagree with the arbitral award, they may bring a suit in the people's court within fifteen days from the date of receiving the arbitration award.

If one party fails to prosecute within the statutory time limit and fails to perform the arbitration award, the other party may apply to the people's court for compulsory execution.

The above stipulates that arbitration procedure is the precondition of labor dispute cases. Without arbitration, cases can not enter the proceedings.

In the trial practice, the author finds that the labor dispute case is not appropriate when applying the counterclaim procedure stipulated in the civil procedure law. The reason is that the first, first party does not accept the arbitration prosecution, the other party put forward the counterclaim, and the request of the counterclaim if the arbitration award is not passed, then the dispute between the two parties is entered into the proceedings without arbitration, and violates the provisions of the above "pre procedure".

If the second, first party refuses to accept the arbitration prosecution, if the other party raises the content of the counterclaim, if it has been arbitred, the eighty-third provision of the Labor Law mentioned above, "disallowing arbitration award, may bring a lawsuit to the people's court" will be meaningless again.

In addition, when both sides of the labor dispute refuse to accept the arbitration result, if both parties prosecute, the plaintiff and the defendant must always be involved in the case, and both sides should also handle the petition.

Therefore, the author suggests that as for a labor dispute lawsuit, like a divorce suit, as a compound action, that is, if one party refuses to accept the arbitration proceedings, regardless of whether the other party obeys the arbitral award, the court will try to hear the contents of the arbitration together, and maintain the reasonable and lawful one, and correct the unreasonable and legitimate one.

This can be in line with the provisions of the above labor laws, and at the same time, it also reduces the fatigue of litigants.

For disputes that have not been arbitrated, such as disputes between the two parties, the arbitration proceedings may be followed before further prosecution.