Article 79 of the Labor Law of People's Republic of China (PRC) * * * After a labor dispute occurs, the parties may apply to the Labor Dispute Mediation Committee of the unit for mediation; If mediation fails and one party requests arbitration, it may apply to the Labor Dispute Arbitration Committee for arbitration. One party may also directly apply to the Labor Dispute Arbitration Commission for arbitration. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.
In judicial practice, the people's court accepts labor dispute cases on the premise of whether the labor dispute arbitration commission has made an award, which is the so-called "labor dispute arbitration pre-procedure".
Article 1 of the Interpretation of Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (No.200 1) stipulates the scope of labor dispute cases, and also clearly stipulates that labor arbitration should be the pre-procedure for people's courts to accept labor dispute cases. That is, the people's court will only accept the case if the party refuses to accept the ruling made by the labor dispute arbitration commission and brings a lawsuit to the people's court according to law. So as to legalize the pre-procedure of labor dispute arbitration.
Extended data:
Solutions to labor disputes
1, negotiation procedure. Negotiation refers to direct consultation between workers and employers on disputes in order to seek specific solutions to disputes. Different from other disputes, one party of the labor dispute is the unit, and the other party is the employee of the unit, and they know each other because of their certain labor relations. After a dispute occurs between the two sides, it is best to negotiate first and reach an agreement voluntarily to eliminate the gap. In practice, employees and units have reached an agreement through consultation, and there are many cases of resolving disputes, with good results.
2. Apply for mediation. Mediation procedure refers to the procedure that one party to a labor dispute applies to the labor dispute mediation committee for mediation on the labor dispute that has occurred. According to the provisions of the Labor Law, a labor dispute mediation committee can be established in the employing unit to mediate the labor disputes of the unit. The members of the mediation committee are composed of unit representatives, employee representatives and trade union representatives. Generally, having legal knowledge, policy level and practical working ability, knowing the specific situation of the unit is conducive to solving disputes.
Except for disputes arising from the signing and performance of collective labor contracts, all disputes can be mediated by the labor dispute mediation committee of this enterprise. However, like the negotiation procedure, the mediation procedure is also voluntarily chosen by the parties, and the mediation agreement is not enforceable. If one party goes back on its word, it can also apply to an arbitration institution for arbitration.
3. Arbitration procedure. Arbitration procedure is a procedure in which one party to a labor dispute submits the dispute to the labor dispute arbitration committee for handling. This procedure not only has the characteristics of flexible and fast labor dispute mediation, but also has the effect of enforcement, which is an important means to solve labor disputes. The labor dispute arbitration commission is a specialized agency authorized by the state to handle labor dispute cases independently according to law. Applying for labor arbitration is one of the selection procedures to solve labor disputes, and it is also the pre-procedure to bring a lawsuit, that is, if you want to bring a lawsuit to fight a labor lawsuit, you must go through the arbitration procedure and cannot bring a lawsuit directly to the people's court.
4. Proceedings. According to Article 83 of the Labor Law: "If a party to a labor dispute refuses to accept the arbitration award, it may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award. If one party fails to file a lawsuit or perform the arbitral award within the statutory time limit, the other party may apply to the people's court for enforcement. " Litigation is what we usually call litigation. The initiation of litigation procedure refers to the procedure initiated after a party refuses to accept the ruling of the labor dispute arbitration commission and brings a lawsuit to the people's court.
Baidu Encyclopedia-People's Republic of China (PRC) Labor Law