"Labor Court" Emerged As A New Magic Weapon For Safeguarding Workers' Rights.

　　 Labor dispute case soared

Reporters recently interviewed in the Shanghai Federation of trade unions learned that, with the implementation of the labor contract law in 2008, the number of labor disputes in Shanghai was still high. But after the labor dispute, employees faced the problem of "one-sided" weakness, difficulty in obtaining evidence, many procedures, and long Wei Quanzhou period.

This situation is widespread throughout the country. Guo Jun, Secretary of the National Federation of trade unions and Secretary of the Ministry of legal work, said that at present, with the adjustment of domestic economy and industrial structure and the elimination of excess capacity and other factors, new problems such as employment rights, wages, social insurance, and other aspects of labor and economic rights and interests, including the right to know, participate, express and supervise, emerge in an endless stream, and labor disputes frequently occur.

According to the Ministry of human resources and social statistics, from 2011 to 2013, the total number of labor disputes handled by arbitration agencies at all levels in the country was 1 million 305 thousand, 1 million 512 thousand, and 1 million 497 thousand respectively. The total number of cases in 3 consecutive years remained high, and became the first factor in social disputes.

Guo Jun said that in recent years, the credibility of the court trial has been continuously improved, and the workers generally choose litigation methods to solve the labor disputes. However, the cases that enter the proceedings are 3 to 6 months according to the civil procedure law, and they can be extended if necessary. On the one hand, the court has the heavy burden of trial tasks. On the other hand, the trial period of the case is too long, and the dispute can not be resolved in time, which increases the cost of laborers' rights protection and increases the risk of intensification of contradictions.

According to Mao Ronghua, vice president of Shanghai Federation of trade unions, labor dispute cases are mostly handled by civil courts in the domestic courts. However, there are many differences between the labor dispute cases and ordinary civil cases in applying the principles of law. For example, the civil principle "who advocates who will give evidence" is not completely applicable in the labor dispute cases.

　　 Professional trial power helps Employee rights protection

In 2010, the first and second intermediate people's courts in Shanghai set up third courts for civil trial, respectively, for labor dispute cases. The grass-roots courts also set up Labor Dispute Tribunal or set up a collegial panel for labour disputes in the civil court according to their own circumstances, or set up a Labor Dispute Tribunal in the civil court.

"The court has unique advantages in terms of professionalism, judicial and referendality, and enforcement. We should strengthen the cooperation mechanism between trade unions and courts in resolving labor disputes and disputes, so that trade unions can win more legal resources, trial resources and achieve litigation. Non litigation mechanism Effective convergence of labor disputes and disputes to achieve the greatest benefits and best results. Mao Ronghua said.

Concentrated in factories. Workers A large number of courts in Wuxi, Jiangsu, which specializes in labor disputes have also been quietly established. In 2010, the intermediate people's Court of Wuxi took the lead in setting up a Labor Dispute Tribunal in the Jiangsu provincial intermediate court. 9 grassroots courts, such as Chong an, Nanchang, Yixing and Jiangyin, also set up Labor Dispute Tribunal and professional collegiate bench.

The Labor Dispute Tribunal and the trial judge of the two grade courts try their best to build a labor dispute settlement mode that is consistent with the trial rules of labor dispute cases and the characteristics of judicial work. In the past few years, we have accumulated effective experience in professional trial of labor disputes. The mediation and withdrawal of the court's labor dispute cases increased significantly, the annual mediation rate remained at around 70%, 11 percentage points higher than that in 2009, and the case trial cycle in the whole city was shortened, and no cases had been settled for more than 18 months.

Almost the same period, judicial practice like Shanghai and Wuxi is advancing everywhere. In 2010, the people's Court of Fengtai District, Beijing set up a Labor Dispute Tribunal. This is the first professional court of labor dispute cases in Beijing court system. In 2011, the people's Court of Shapingba District of Chongqing city set up the fourth court of civil trial, which is specially responsible for labor dispute cases. This is the first professional Tribunal for 40 cases of labor disputes in Chongqing.

　　 Successful experience needs to be promoted.

According to the total statistics, by the end of 2013, the total number of employees has reached 350 million, an increase of 120 million over 2003. Labor dispute cases have become the types of disputes in the civil cases accepted by the national courts, which are characterized by increasing volume, high sensitivity, wide scope and high pressure to settle cases.

From 2011 to 2013, the people's courts at all levels received 308 thousand, 349 thousand and 366 thousand labor disputes respectively. Guo Jun said that in the coming period, social security problems will become prominent and important factors in social conflicts and disputes.

He also said that under the current legal framework of China, the members of the tribunal who heard the labour dispute cases in the court were entirely assumed by the professional judges, lacked the representatives of employers and workers, and the professional judges might not be familiar with the controversial interests of the parties involved in the labor dispute cases.

It is understood that in recent years, the CPPCC members of the trade union have made proposals for the establishment of a labor court by the people's court. Some industry experts suggested that in the economically developed and large scale workforce, the courts at the basic level generally set up labor dispute tribunals or labor courts, and on the basis of summing up successful experiences, it will promote the specialization of trial organizations in labor dispute cases and solve the conflict of labor relations more efficiently and fairly.