Litigation Qualification Of Parties Involved In Labor Dispatch Disputes

1. is the labor dispatching unit or the employing unit acting as the defendant or the third party to participate in the litigation. According to the provisions of the twenty-second and twenty-third provisions of the labor dispute mediation and arbitration law, in the labor arbitration procedure, the litigation status of the employing unit can be either a defendant or a third person. Is this provision applicable to the proceedings? Of course, the interpretation of the Supreme People's Court on Several Issues concerning the application of law in labor dispute cases (two) only stipulates that the employers and the dispatched units are the defendants of the joint defendants, and does not specify whether they can participate in the proceedings as third people in the tenth instance. The practice in judicial practice is that if the worker only sued the sending unit or the employing unit, the party who did not sue could serve as the defendant or the third person. litigation 。

　　 Difference It is possible to add an additional jurisdiction objection to the additional defendants. Trial cycle Therefore, it is usually supplemental to third persons. In the trial, they can also be changed to defendants as circumstances require. If the employing unit prosecute the laborer, the dispatched unit shall be supplemental to third persons.

2. the arbitral proceedings are inconsistent with the scope of the proceedings. The interpretation of the Supreme People's Court on Several Issues concerning the application of law in labor dispute cases (three) provides that the arbitral award omission of the parties who must participate in arbitration shall be added by law in accordance with the law sixth. However, there is no provision for the court to consider that the parties to the arbitral award are not litigant parties.

According to the provisions of the labor dispute mediation and arbitration law, the employing unit can serve as the common complainant in the labor arbitration procedure, and submit the arbitration application directly to the workers. However, in the proceedings, because the law does not expressly stipulate that the employing unit can be used as a labor dispute plaintiff, if the court considers that the employing unit can only bring a civil action to the labor dispatch unit according to the dispatch agreement, it can not directly apply to the laborers for labor arbitration, and the rights of the employing unit can not be supported.

In practice, some courts believe that disputes between dispatched units and employers are purely civil disputes, not labor dispute cases, and disputes between employers and dispatched workers are in the final analysis or between dispatched units and employers. This may be just a matter of theoretical discussion. In fact, the court still respects the arbitration award's qualification for the litigants of the parties, otherwise, there will not be any case that the three parties of the labor dispatch have prosecuted. But in such cases, how the litigant status of the parties is stated is a headache. It is suggested that judicial interpretation further stipulate the qualification of litigants in dispute settlement.