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Q:
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Whether the scope of labor disputes is defined in the interpretation?
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A:
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The following disputes between workers and employers, which are labor disputes, the parties do not accept the ruling made by the arbitration body of labor disputes, the people's court shall accept the lawsuit:
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1.
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Disputes between workers and employers in the course of performing labor contracts;
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2.
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Disputes that arise after a written employment contract has not been concluded between the worker and the employer, but a labor relationship has been formed;
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3.
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Disputes between workers and employers over whether the labor relationship has been dissolved or terminated, and whether economic compensation should be paid for the dissolution or termination of the labor relationship;
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4.
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Disputes arising from requesting the employer to return the deposit, security deposit, collateral or collateral charged by the employer after the termination or dissolution of the employment relationship, or disputes arising from the transfer of the worker's personnel file or social insurance relationship;
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5.
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Disputes arising from the employer's failure to carry out social insurance procedures for the worker and the inability of the social insurance agency to make up for the failure, resulting in the worker's inability to enjoy social insurance benefits, requiring the employer to compensate for the loss;
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6.
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Disputes arising from the recovery of pension, medical expenses, work injury insurance benefits and other social insurance benefits between workers and their former employers who have not yet joined the social insurance scheme after retirement;
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7.
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Disputes arising from a worker's request to the employer to grant work injury insurance benefits in accordance with the law due to work injury or occupational disease;
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8.
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Disputes arising from the employer's request for payment of additional compensation in accordance with Article 85 of the Labor Contract Law;
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9.
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Disputes arising from restructuring carried out by enterprises on their own.
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Q:
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Are there any regulations on the place of jurisdiction for labor dispute cases?
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A:
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Labor dispute cases are under the jurisdiction of the basic people's court where the employer is located or where the labor contract is performed. If the place of performance of the labor contract is not clear, the basic people's court in the place where the employer is located shall have jurisdiction.
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Q:
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If the worker and the employer file separate lawsuits with the people's court with jurisdiction over the same arbitration award, which people's court should accept the case?
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A:
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The people's court that receives the case later shall transfer the case to the people's court that receives it first.
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Q:
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Which labor dispute arbitration awards are final?
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A:
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If the arbitration award does not state that the award is final or non-final, and the worker seeks labor compensation, medical expenses for work-related injuries, economic compensation or indemnity in accordance with Article 47(1) of the Conciliation and Arbitration Law, and if the arbitration award involves several items, and the amount determined for each item does not exceed the amount of twelve months of the local minimum wage standard, the award shall be handled in accordance with the final award.
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Q:
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Whether a foreigner can request to confirm the existence of employment relationship with a domestic employer in the territory?
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A:
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If a foreigner or stateless person enters into an employment contract with an employer in the People's Republic of China without obtaining an employment document according to the law, and the party requests to confirm the existence of an employment relationship with the employer, the People's Court shall not support it. If a foreigner who holds a Foreign Expert Certificate and obtains a Work Permit for Foreigners in China establishes an employment relationship with an employer in the People's Republic of China, the employment relationship can be recognized as labor relationship.
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Q:
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What disputes occur when the employer has the burden of proof?
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A:
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The employer shall bear the burden of proof in labor disputes arising from decisions made by the employer on dismissal, removal, dismissal, termination of labor contract, reduction of labor remuneration, and calculation of the worker's working years.
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FAQ
