3 Perspectives On Labour Disputes Over The Years: Efficiency Is Too Slow.

Ms. Luo of Guangzhou worked in the jewelry factory for 10 years. When she learned from the Bureau of human resources and social affairs that the company did not pay her social security payments such as pension insurance premiums from 2008 to 2012, she immediately complained to the local people's and social department in the area of Yu Yu, and asked the company to make up for social security.

According to the provisions of the "two years compulsory recovery prescription" in the regulations on labor and social security supervision, the people's Social Affairs Bureau of the Panyu District considers that Ms. Luo's request exceeds the prescription, thus giving a reply to "no investigation".

So Ms. Luo filed a lawsuit with the District People's court.

But Miss Luo did not expect that she would be waiting for her for several years.

In the first instance, the court held that: according to the regulations, employers should pay social security premiums on time and in full. If the employer fails to pay in full and on time, the social insurance agency shall order them to pay within a specified time limit or make up for no time limit.

Therefore, the court finds that the reply of the Panyu social and social bureau belongs to the applicable laws and regulations, and should be revoked.

The company refused to accept the appeal.

The court of second instance dismissed the appeal and upheld the original judgment.

In August 30th this year, Ms. Luo finally got a judgment: the court revoked the reply of the Ministry of personnel and social service "not to investigate and punish workers for social security" two years ago, and asked for a re treatment of workers' demands for recovery.

Both cases were won, but 3 years passed.

MS Lo's 3 year road to safeguarding rights is not the longest time in labour disputes.

In 1997, Mr. Pan in Dongguan worked in a local factory.

Due to long exposure to toxic materials such as ink and water, Mr. Pan felt ill in July and August 2009 and was diagnosed with leukemia.

Although the relevant departments have issued a work-related injury certificate for Mr. Pan, the factory still refuses to pay the related costs, and has refused to arrange work for Mr. Pan.

In August 2011, Mr. Pan applied for the legal aid service to the Dongguan Federation of trade unions.

Under the efforts of the City Federation of trade unions and trade union lawyers, Mr. Pan won the two lawsuit.

The court upheld the first instance trial: the factory had to pay 180810.32 yuan to Mr. Pan for compensation for industrial injury, medical treatment, medical expenses, hospitalization allowance and nursing expenses, and arranged for him to engage in proper work.

However, the factory refused to carry out the court's decision, and Mr. Pan once again requested assistance from the Municipal Federation of trade unions.

By coercive measures, at the end of 2014, Mr. Pan finally received compensation from the factory, which took 5 years to complete the case.

It seems to be a law in labor dispute cases that workers' rights protection is long and claims are difficult.

Mr. Pan's case involves factors that need time determination, while Ms Zhu's case is a clear dispute about rights and interests, but it also took nearly a year and a half in the process of recovery.

In 2011, Ms. Zhu entered a company in Zhujiang Delta for administrative work and signed a two-year contract.

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In April 2012, Miss Zhu was suddenly dismissed by the company. The reason given by the company was "no birth certificate".

Even if a birth certificate is issued, Ms Zhu is still unable to work properly.

In order to safeguard their labor rights and interests, according to the relevant legal provisions of "women workers can not terminate labor relations during pregnancy," Ms. Zhu applies to the arbitration tribunal for arbitration.

Despite winning the lawsuit, Ms Zhu is still unable to work normally after delivery.

Subsequently, Ms. Zhu made the 3 request for legal aid to the local federation of trade unions.

After active assistance, the Municipal Federation of trade unions and trade union lawyers succeeded in winning relevant legal treatment for Ms. Zhu.

At this point, Ms. Zhu has gone through nearly 1 and a half years of safeguarding rights.

Xu Pingjian, director of the Legal Consultancy Office of the Guangdong Provincial Federation of trade unions, told reporters: "although these cases have been won, they have been waiting for a long time."

This phenomenon is more common, and time is mainly consumed by "walking procedure".

"In simpler labor dispute cases, if only the wage arrears are involved, the legal proceedings will appear too long."

Xu Pingjian said that if there are administrative problems involved, such as administrative litigation or industrial injury identification, labor disputes litigation procedures will take longer.

"It's going to take 35 years to complete this process."

Xu Pingjian himself handled a 7 year industrial injury dispute.

In addition, a staff member of the Dongguan Federation of trade unions said in an interview with reporters that different appeals would involve different legal procedures in the lawsuit, and each of them would be complete.

It takes a long time.

In the case of Mr. Ban, he has made two demands. The first one is to demand compensation from the company for occupational injuries, and the other second are other costs or benefits. So this case involves a total of two legal procedures.

No one can avoid or pcend legal proceedings.

The staff said.

Yang Manyu, a lawyer of the Guangzhou Municipal Federation of trade unions legal service lawyer group, pointed out the lack of knowledge of workers' rights protection.

"Many workers do not know which channels to go through, and which departments to seek help and rights protection when they encounter labor infringement."

Yang Manyu said that due to lack of legal knowledge, laborers may adopt some inappropriate means or put forward requests beyond reasonable limits at the initial stage of safeguarding rights, thus prolonging the right protection time and even delayed the effect of safeguarding rights.

At the same time, many employers will also appear "rogue" behavior.

Wu, a 62 year old Guangxi native, was originally a staff member of a company of earthwork. In 2013, he had a traffic accident and was identified as a work-related injury. However, the company was in arrears of compensation for industrial injury, which was more than 380 thousand yuan.

Because the company refused to accept the appraisal, Wu Bohe company was in court.

The court ruled that the earthwork company paid a total of 380 thousand yuan to Wu Bo for a one-time disability allowance.

The company "cried out", concealing about 500000 yuan and a lot of vehicles under the name.

The court issued a huge ticket of 100 thousand yuan.

The company's "rogue" has allowed Wu Bo's path to safeguard rights for 3 years.

Xu Pingjian also believes that in the process of safeguarding rights,

And employers often get into a misunderstanding.

"Employees and employers have tried to abuse their right of action without considering the specific circumstances of the case and arbitrarily applying for litigation or arbitration."

Xu Pingjian said.

Because of the low cost of arbitration and litigation, many people will choose this approach, without considering whether the litigation requirements are reasonable, thus increasing the difficulty of case trials and increasing the time spent.

"Litigation and arbitration should be an ultimate means. When disputes between the two sides are too large, no agreement can be reached after mediation, and we suggest that we should seek the means of litigation and arbitration, otherwise, we will blindly increase the right protection time."

Xu Pingjian said that for ordinary cases, mediation is a reasonable and effective way of safeguarding rights.