Labor Dispute Resolution Faces Many New Challenges And Must Be Broken.
Recently, members of the CPPCC Standing Committee, committee members and experts and scholars in Urumqi, the Xinjiang Uygur Autonomous Region, carried out special research on the implementation of the labor contract law and its impact on social stability in Urumqi.
"Since the implementation of the labor contract law in January 1, 2008, the number of labour dispute cases has been blowout. Although there has been a detente in 2013 and 2014, it is still" bullish "from the cases accepted this year.
Wang Chunyong, deputy investigator of Urumqi human resources and Social Security Bureau, said in an interview.
At the same time, Wang Hansheng, vice president of the intermediate people's Court of Urumqi, said: "in 2013, the two tier courts in the Urumqi City accepted more than twice the number of cases of labor disputes than in 2012. This year, from January to October, 3135 cases have been accepted, and the number remains high. It has become one of the types of cases that the court is growing fast, involving a wide range, a deep impact, and a lot of social concerns."
Ma Lei, vice chairman of the twelfth Committee of the CPPCC Urumqi City, seems to be very necessary and urgent to build a more harmonious and stable labor relationship and explore new ideas and measures to safeguard the legitimate rights and interests of workers under the new situation.
In the process of investigation, relevant departments have repeatedly referred to a term "group action".
In the case of mass labor disputes in the two grade courts of uh, disputes often occur in the reform of employers, the welfare benefits between retired employees and the original employers.
For example, a construction company and a retiree in Xinjiang have caused disputes over reimbursement of heating costs. A company and its employees have argued for economic compensation because of the restructuring of enterprises.
"The number of disputes is large, confrontational is strong, and handling is very difficult."
Wang Hansheng said frankly.
In addition, the construction industry, accommodation industry and catering industry are still related.
Law
No attention to non learning, frequent flow of personnel in the industry, resistance to signing labor contracts, and non-standard management; some migrant workers are short of work habits, unwilling to sign contracts, objectively resulting in labor security enforcement difficulties, but also become one of the "worst hit areas" of labor disputes.
Zhu Wenzhi, deputy secretary and director of the Party committee of the Urumqi human resources and Social Security Bureau, said: "in order to standardize the economic layoffs of enterprises and deal with mass incidents and unexpected incidents, the two level labor department of the Urumqi city has carried out the labor employment record system, and has refined the measurement of the labor relations status of the enterprises, so as to realize the dynamic supervision of the labor and employment situation of the employing units."
Since 2012, the two level labor department in Urumqi has ordered employers and 125 thousand and 600 workers to sign labor contracts, make up 27 thousand and 900 people for social insurance, and recover 627 million yuan for 54 thousand migrant workers.
In January 1, 2008, the labor contract law came into effect amid cheers.
Wang Chunyong said in his coaching and research team: "this law has been seen for 12 years before it can be seen" real capacity ". It can be said that it has a milestone in the construction of the labor legal system.
Wang Chunyong said that the labor contract law advocated the establishment of a harmonious and stable labor relationship in the form of legal norms, and the introduction of a series of laws and regulations, such as mediation and Arbitration Law and social insurance law, had a profound impact on both parties involved in labor relations and in dealing with controversial arbitration institutions and judicial organs.
This law was once referred to as "timely rain", "protection of God" and "right sword" by media as a good law to protect workers' legitimate rights and interests.
Therefore, in
Labor contract
After the implementation of the law, the number of labor dispute cases accepted by the Bureau of human resources and social security in Urumqi once blowout.
In June 2011, the uzhong intermediate people's court set up the five court of civil trial, specialized in labor dispute cases, so as to realize the professionalization of labor dispute cases.
Wang Hansheng said that in 2013, the two tier courts in the Urumqi City handled more than twice the number of cases of labor disputes than in 2012. This year, 3135 cases were accepted from January to October.
Degree of influence
One of the types of cases with deep social concern.
From the perspective of the industry involved in the case, labor disputes mainly focus on labor intensive industries such as construction industry, accommodation, catering services, mining industry, and residents' service industries.
"The new content, diversity and complexity of disputes among the parties is also a major feature of labor dispute cases."
Wang Hansheng told reporters that the type of labor dispute cases covers almost all aspects of labor relations, and in addition to the confirmation of labor relations, there is generally no single appeal.
When the labor relations between workers and employers are in existence, they involve social insurance premiums, wages, rest and vacations. When labor relations come into contact, they also involve the issue of whether or not to pay the economic compensation.
Therefore, in a case, the laborers often advocate that employers pay arrears of wages, overtime and economic compensation.
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