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China Labor Law- Settlement of Labor Disputes part3 : Court proceeding

Time:2014-03-13 Hit:196


China Labor Law- Settlement of Labor Disputes part3 : Court proceeding  
  In deciding whether or not to accept a labor dispute case, the court will consider first whether the matter falls within the scope of an application of the 1993 Regulations on the Settlement of Labor Dispute in Enterprise. 
  A labor dispute case can be brought before the court only on the condition that the matter has been dealt with by the labor arbitration tribunal and when the parties to the labor dispute disagrees with the arbitration award, he may then file a suit at the people’s court within 15 days of being notified of it. If no arbitration award is made after a time limit or the labor arbitration tribunal notifies a non- acceptance for arbitration, a party in disagreement may not initiate administrative litigation against the labor arbitration tribunal. The court may, however, accept the labor dispute case for a trail subject to the Supreme People’s Court’s Interpretation on Several Issues in Application of the Laws in Handing Labor Disputes (2001), No.14.
  The court will consider whether the partied in dispute have contractual labor relations governed by the labor law, Labor disputes in labor relations between state agencies and civil servant, or between judicial organs and judicial workers will be excluded from the scope of the application of the 1993 Regulations on the Settlement of Labor Dispute in Enterprises.
  Under the Civil Procedural Law of People’s Republic of China, when instituting an action, two conditions shall be met, namely, the plaintiff shall be an individual, legal person or other organization with a direct interest in the case, there shall be a specific defendant. 



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