Abercrombie,Labor dispute arbitration and litigati

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Labor dispute arbitration and litigation of the interface

As the socialist market economy, labor reform, the labor dispute to court litigation cases increased year by year, and the existing legal and judicial interpretation, far from trying cases to meet the new needs of the labor dispute. Labor dispute arbitration procedures involved in the relationship between the proceedings, labor disputes and the application time the relationship between limitation, laws, rules and regulations are not required, labor law simply provides that people's court disputes can not follow, so that the law must be strictly enforced, and law correcting the legal basis of the principle of lost, making the damage to the phenomenon of frequent occurrence of labor rights, and workers complained to redress. Therefore, from the theory and practice of litigation and arbitration of labor disputes is of great practical significance of convergence. A labor dispute arbitration process and proceedings the can the people's court, otherwise, the people's court shall not be accepted. Thus, a final settlement of labor disputes may have to go through three proceedings, the labor dispute arbitration procedures, first instance and second instance proceedings. However, speaking from the relationship between arbitration and litigation do not have the necessary connection between the two,[link widoczny dla zalogowanych], and even some ways to see the two are mutually exclusive. Follow the principle of voluntary arbitration in general, and the final implementation of a CD system,[link widoczny dla zalogowanych], with the settlement of disputes through the legal proceedings are independent of each other, that the parties can only choose one and the line, if you choose not longer the arbitration proceedings, if the selected action can not be apply for arbitration. The program settings to deal with labor disputes is in the combined program, and does not embody the principle of voluntary arbitration, the parties choose, and the arbitration provision of the necessary conditions for litigation. At the same time, such as the labor dispute arbitration committee's decision within the statutory time limit is not to the court, of course, legally effective arbitral awards. If a party fails to perform the contents of the arbitral award, either party may apply to court for enforcement, the review of conformity with the law to be implemented, does not meet the legal requirements, the decision not to enforce the implementation of the party not receiving the ruling after the statutory period , may refuse to enforce the labor dispute to court. Legislators to set the labor dispute arbitration cases handled by the front court proceedings for two reasons, first, taking into account the specialized courts and judges are not specialized departments to deal with labor disputes and professionals in the labor dispute does not understand situation; Second, taking into account the large number of cases handled by the court, if all labor dispute cases directly to the people's court, will increase the burden on the court. However, in trial practice,[link widoczny dla zalogowanych], this first CD retrial processing mode of labor dispute cases of labor disputes brought more disadvantages. First, the law does not require confirmation of the facts arbitration proceedings in the subsequent effectiveness of, once the parties to litigation, arbitration awards made in the professional no effect on the course, the court must re-hearing of the dispute, in other words , labor dispute arbitration is only the basis for the court accepts the case and the elements, the arbitration ruling, the court did not review the law, the arbitration award is not final ruling of the court have a material impact, so that the effect of an arbitral award that appears to pre-program Exception Second, labor dispute cases set for pre-program labor dispute cases the Court added a further procedural obstacles. The legislative front by means of compulsory arbitration, the parties must be after all the claims to the court before the arbitration, including of course the increase in lawsuits filed claims and counterclaims. However, if the parties enter the litigation only after the additional claims or to file a counterclaim, the court should refuse to accept the request the parties to parties on the counterclaims and additional requests for arbitration first? Arbitration or court proceedings before the request has been heard? This efficiency is bound to realize the value of the adverse action is not conducive to the settlement of disputes, the court dealing with such issues in a dilemma. On the contrary, be heard if the court has also violated the , However, can not deny that the pre-arbitration procedures set up, the majority of cases resolved in the arbitration stage, reducing the burden on the court. Therefore, I propose, you can make appropriate changes to the arbitration proceedings to allow parties to choose arbitration or litigation proceedings, refuses to accept arbitration, the Second, the labor dispute for arbitration in the aging system limitation system in accordance with the 60 days to the labor dispute arbitration bodies for arbitration, unless force majeure or legitimate reasons, the arbitration body shall be made not to accept the notice or decision. Thus, under normal circumstances, the parties in the event of a labor dispute decide whether to activate relief program for only 60 days. And in the labor dispute arbitration committee for arbitration within 15 days after the parties must the dispute to the courts for relief. In practice, workers over the arbitration time for their rights can not be a lot of relief. (A), 60 days on the nature of the arbitration period In this regard, there are different interpretations: one view was that the period shall be scheduled period, the labor dispute that occurred from the date of calculation, more than 60 days, the parties of the right to wipe them out, for whatever reason no longer for arbitration. Another view was that the period shall be the arbitration time. Ministry of Labor a time, but failed to require the suspension and interruption of limitation reasons. I think that the Due to labor relations which differ from the general civil relations, workers and employers to be managed in a management and unequal relationship, the employer violations of labor rights is a very common phenomenon at this stage, the employee access to the unit the law will be subject to retaliation or after the disadvantaged is often the case,[link widoczny dla zalogowanych], so workers will have to weigh before deciding whether the arbitration. 60-day period by law, do not allow interruption, extension is not enough, there is no protection role of labor rights. Particularly serious surplus of labor, the economy lags far behind,[link widoczny dla zalogowanych], choosing very difficult, labor mobility is not large, relatively fixed work unit workers, requiring workers willing to take risks to break the rice bowl, claiming rights to the unit within a short time is unrealistic . The Supreme People's Court review over the period to see whether there is force majeure or other legitimate reasons, and then decide whether physical trial. Thus, it should be understood as the period of limitation. I agree with the second opinion.

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