Investigation Report On The Trial Of Labour Disputes In Jiangshan City Court Of Zhejiang

The research group of Jiangshan City People's court in Zhejiang Province set up a special investigation on the trial of labor dispute cases in recent three years.

I. Basic Situation

1. the high rate of disputes and the high rate of appeal. From 2014 to 2016, the Jiangshan court accepted 512 cases of labour disputes, and the number of cases increased year by year. Moreover, because the contradictions between employers and workers are difficult to reconcile, the appeal rate for such disputes is high except for mediation and withdrawal. The appeal rate in 2016 is as high as 30%, ranking the first in civil cases.

2. the industry is widely distributed, and it is difficult to resolve. The distribution of such cases is extremely uneven. The industries that are most controversial are mainly labor-intensive small and micro enterprises, such as manufacturing, construction and chemical industries, which easily lead to group litigation, and the difficulty of resolving contradictions is increasing.

3. the types of disputes are diverse and complex. The types of cases are concentrated in the pursuit of labor remuneration, labor contract disputes and industrial injury insurance benefits disputes, and in a case there are many disputes such as unpaid social security, vacant wages and overtime wages.

Two, problems and reasons

1. labor intensive enterprises have a large amount of employment and high risk of employment. Jiangshan City is labor-intensive manufacturing industry as the pillar industry, and enterprises mainly focus on small and micro enterprises. Because of the small scale of enterprises, the low threshold of employment, the imperfect management system and the incompetent development process, the owners of enterprises are forced to sacrifice the interests of the workers at the cost of pursuing the maximum goal of maximizing the maximum output.

2. employing units legal consciousness Weak employment system is not standardized. The employer still has the situation of not signing a written labor contract or a written contract in a mere formality and not fulfilling obligations in accordance with the labor contract. The useful person sticks to the obsolete business concept and relies on extending the working hours and lowering the workers' welfare benefits to earn more profits. Moreover, the useful personnel have the randomness and disorder in the formulation and implementation of the wage system, personnel management system, performance appraisal system and other rules and regulations. Once the contradictions erupt, some employers do not actively resolve labor disputes through negotiation. Instead, they take evasive methods, refuse to negotiate, and even delay time by evading lawsuits and repeated lawsuits.

3., it is difficult for enterprises to play a role in regulating and persuasion. When resolving labor disputes, or because of incomplete institutions, personnel is not in place, or trade union leadership and the interests of employers, trade unions are often unable to stand on laborers' position to safeguard their rights. Internal grooming and mediation mechanisms are virtually useless. Labor activists lack trust in trade unions, and a large number of labor disputes can not be effectively resolved within the enterprise, and eventually enter the judicial process.

4., workers have a weak sense of right protection in accordance with the law, and rights protection tends to be divided into two levels. On the one hand, some workers are weak in law consciousness and relatively weak in status. After disputes, they often fail to provide key evidence, leading to the ineffective protection of rights and interests. On the other hand, part Worker Regardless of their actual situation, there are cases of indiscriminate complaints and lawsuits. There are other laborers who are similar in tandem, who collectively defend their rights and refuse to mediate. They hope to exert pressure on group strength to maximize their demands.

5., the lack of a perfect legal system leads to the deviation of the concept of adjudication. Current labour legislation The legal system is not perfect, applicable laws and regulations are relatively complicated or even conflicting, and the arbitration and litigation procedures are inconsistent, resulting in a large number of inconsistent results between the results of the litigation and the arbitral awards. Therefore, the parties concerned have doubts about the outcome of the arbitration and litigation, and appeal because they do not trust the verdict.

Three, countermeasures and suggestions

1., set up a professional trial team. We should improve and perfect the labor dispute trial mode, set up a professional trial team, simplify the litigation procedures and speed up the trial process. We should intensify the combination of adjustment and judgment, widen the platform and space for consultation, and try our best to alleviate the contradictions between the two sides.

2., balance the rights and interests of both sides reasonably. While protecting the rights and interests of workers, we should also balance the rights and interests of the two sides reasonably, clarify and guide before the trial, rationally distribute the burden of proof, promote the rational relationship between the employers and workers, and strive for a harmonious and win-win situation.

3. establish communication and coordination mechanism. We should establish and improve the communication and coordination mechanism between the courts and the functional departments such as human social security, market supervision, taxation, etc., and hold regular joint meetings to inform the statistics and typical cases of the number, type, and dispute of labor employment, social security, etc., and jointly study the new situations and problems of labor disputes, so as to achieve information sharing and put forward ideas and measures for solving problems in a timely manner. We should integrate the information of the parties involved in the labor dispute cases, set up a credit archive repository for workers, expose long-term illegal labor enterprises and frequent "touch porcelain" laborers, so as to provide a two-way choice for recruitment and employment of employers.

4., strengthen the publicity effect of popularizing the law. With the help of mass media such as newspapers and television, and the self media platform such as the official website of the court, WeChat, micro-blog and other media, regular and typical cases of labor disputes are issued regularly, and the frequency of court hearing in labor dispute cases is increased. In the case, the two sides know the law, abide by the law and use the law, and guide the two sides to exercise their rights in accordance with the law, fulfill their obligations, and build a harmonious labor relationship.

5., expand the path of Pluralistic Dispute Resolution. We should strengthen the legal guidance to trade union organizations and trade associations, enhance the trade union's ability to mediate labor disputes, give full play to the role of trade unions in mediation of labor disputes, and try to defuse labor disputes within the enterprise as far as possible. At the same time, we should make use of the influence and appeal of the trade associations to guide the employing units to make orderly and orderly employment, and to make the passive handling after the incident a positive precaution before the incident.

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