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The Interpretation of the Supreme People's Court on Several Issues about the Application of Laws for the Trial of             Labor Dispute Cases (II)
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 The Interpretation of the Supreme People's Court on Several Issues about the Application of Laws for the Trial of  Labor Dispute Cases (II)

 

(has been adopted at the 1393rd meeting of the Judicial Committee of the Supreme People's Court on July 10, 2006, is hereby promulgated and shall come into force as of October 1, 2006.)


In order to correctly try labor dispute cases, a supplementary interpretation on several issues about the application of laws for the trial of labor dispute cases by the people's court is made as follows according to the Labor Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China and other relevant laws and by taking into account the civil trial practice:


Article 1 When the people's court tries a labor dispute case, any of the following circumstances shall be regarded as the “date when the labor dispute arises” as prescribed in Article 82 of the Labor Law:

(1)With respect to a wage payment dispute arising during the existence of employment relationship, if the employer can prove that it has sent out a written notice on refusal of wage payment to the laborer, the date when the written notice is sent out shall be the date when the labor dispute arises; otherwise, the date when the laborer claims for his rights shall be the date when the labor dispute arises;

(2)With respect to a dispute arising due to the cancellation or termination of employment relationship, if the employer can not prove the time when the laborer receives a written notice on the cancellation or termination of labor relationship, the date when the laborer claims for his rights shall be the date when the labor dispute arises; and

(3)With respect to a dispute over the payment of wages, economic compensations or welfare treatments, etc. arising after the cancellation or termination of employment relationship, if the laborer can prove the time when the employer promises to make payment is any specific date after the cancellation or termination of labor relationship, the date when the employer promises to make payment shall be the date when the labor dispute arises; otherwise, the date when the employment relationship is cancelled or terminated shall be the date when the labor dispute arises.

 

Article 2 In the case of a dispute over the default in payment of wages, if the employment relationship still exists when the laborer applies for arbitration, and the employer claims not to make payment for the reason that the 60 days has been passed when the laborer applies for the arbitration, the people's court shall not support the claim, unless the employer can prove that the laborer has received a written notice on refusal of wage payment.

 

Article 3 If a laborer directly lodges a lawsuit with the people's court by using a wage IOU issued by the employer as the evidence, and the claims do not concern any other dispute over employment relationship, it shall be regarded as a dispute over the default in payment of labor remunerations and shall be accepted as a common civil dispute.

 

Article 4 In the case of a dispute between an employer and any of its laborers over whether or not the employment relationship has been cancelled or terminated or whether the economic compensation should be paid for the cancellation or termination of employment relationship, if either party involved lodges a lawsuit according to law after the labor dispute arbitration commission makes an arbitration award, the people's court shall accept it.

 

Article 5 In the case of a dispute arising when a laborer requests his employer to return the earnest money, caution money, mortgage money or collaterals for the employment contract collected by the latter or when the laborer handles the formalities for transferring personnel archives or social insurance relations, etc. after the employment contract between them is cancelled or terminated, if either party involved lodges a lawsuit according to law after the arbitration of the labor dispute arbitration commission, the people's court shall accept it.

 

Article 6 In the case of a dispute arising when a laborers requests his employer to grant the treatment of work-related injury due to a work-related injury or occupational disease, if either party involved lodges a lawsuit according to law after the arbitration award of the labor dispute arbitration commission, the people's court shall accept it.

 

Article 7 The following disputes are not labor disputes:

(1)a dispute in which a laborer requests the social insurance handling institution to grant social insurance money;

(2)a dispute over the transfer of public-owned houses between a laborer and his employer due to the housing system reform;

(3)a dispute over the objection of a laborer to the injury grade appraisal conclusion of the labor capacity appraisal committee or to the occupational disease appraisal conclusion of the occupational disease diagnosis and appraisal committee;

(4)a dispute between a family or individual and a family service provider;

(5)a dispute between a private craftsman and a helper or apprentice; and

(6)a dispute over a rural contractor and a person he has employed.

 

Article 8 If any party involved is not satisfied with the ruling of the labor dispute arbitration commission about the advanced payment of part of wages or medical expenses to the laborer and lodges a lawsuit with the people's court, the people's court shall accept it.

 

If the employer fails to perform the payment obligation mentioned in the said ruling, and the laborer thus applies to the people's court for compulsory enforcement, the people's court shall accept it.

 

Article 9 In the case of a labor dispute case arising between a laborer and an individual industrial and commercial household with a business name, the people's court shall take the business name registered in the business license as the party involved, and shall simultaneously indicate the natural conditions of the owner of the said business name.

 

Article 10 In case a laborer lodges a lawsuit due to the performance of a labor force dispatching contract, the dispatching entity shall be the defendant; and if the dispute involves the recipient entity, the dispatching entity and the recipient entity shall be codefendants.

 

Article 11 Where both the laborer and the employer are not satisfied with a same ruling of the labor dispute arbitration commission and lodge lawsuits with the same people's court, the people's court shall handle it as a single case, and both parties are the plaintiff and the defendant of each other. In case one party involved withdraws an action during the course of litigation, the people's court shall continue to try the case according to the claims of the other party.

 

Article 12 In case either party involved can prove the inability to apply for the arbitration due to force majeure or any other objective cause during the course of applying for arbitration, the people's court shall verify the suspension of the arbitration application term, which shall continue to be calculated after the day when the cause for the said suspension is removed.

 

Article 13 If either party involved can prove any of the following circumstances within the arbitration application term, the people's court shall affirm the discontinuity of the arbitration application term:

(1) Claiming rights against the other party;

(2) Requesting to the relevant department for relief; or

(3) The other party's consent to perform its obligation.

 

In case the arbitration application term discontinues, the arbitration application term shall be recalculated from the date when the other party clearly refuses to perform its obligation, or the relevant department makes a disposal decision or clearly shows that it will not handle it.

 

Article 14 In case a laborer applies to the people's court for property protection measures during the course of litigation, the people's court shall alleviate or exempt the laborer from the obligation to provide guarantee and timely take the property protection measures if it finds upon examination that the applicant really has economic difficulties or there are evidences proving that the employer may escape with defaulted wages.

 

Article 15 The people's court shall, in the property protection ruling it rendered, notify the party involved to apply for compulsory enforcement within 3 months after the ruling of the labor arbitration organ or the judgment of the people's court takes effect. If the party involved fails to file an application for compulsory enforcement within the time limit, the people's court shall render a ruling to remove the protection measures.

 

Article 16 Where the internal bylaws formulated by an employer conflict with the contents stipulated in the collective contract or employment contract, and the laborer requests for applying the stipulations in the employment contract with priority, the people's court shall support such a request.

 

Article 17 A mediation agreement reached under the presiding of the labor dispute mediation commission with contents of labor rights and obligations has the binding force of an employment contract and can be the basis for the judgment of the people's court.

 

Where the parties involved only reach a mediation agreement under the presiding of the labor dispute mediation commission, if the employer fails to perform the payment obligation determined in the mediation agreement and the laborer lodges a lawsuit directly with the people's court, the people's court can accept it as a common civil dispute.

 

Article 18 This Interpretation shall come into force as of October 1, 2006. If any relevant judicial interpretation promulgated by this court before the implementation of this Interpretation conflicts with this Interpretation, the latter shall prevail.

 

After the implementation of this Interpretation, the cases of the first or second instance that have not been concluded by the people's court shall be governed by this Interpretation. The cases that have been concluded before the implementation of this Interpretation shall not be retried according to this Interpretation.

 
 
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