劳动争议
用人单位与劳动者发生劳动争议,当事人可以依法申请调解、仲裁、提起诉讼,也可以协商解决。
调解原则适用于仲裁和诉讼程序。
解决劳动争议,应当根据合法、公正、及时处理的原则,依法维护劳动争议当事人的合法权益。
劳动争议发生后,当事人可以向本单位劳动争议调解委员会申请调解;调解不成,当事人一方要求仲裁的,可以向劳动争议仲裁委员会申请仲裁。当事人一方也可以直接向劳动争议仲裁委员会申请仲裁。对仲裁裁决不服的,可以向人民法院提起诉讼。
在用人单位内,可以设立劳动争议调解委员会。劳动争议调解委员会由职工代表、用人单位代表和工会代表组成。劳动争议调解委员会主任由工会代表担任。
劳动争议经调解达成协议的,当事人应当履行。
劳动争议仲裁委员会由劳动行政部门代表、同级工会代表、用人单位方面的代表组成。劳动争议仲裁委员会主任由劳动行政部门代表担任。
提出仲裁要求的一方应当自劳动争议发生之日起六十日内向劳动争议仲裁委员会提出书面申请。仲裁裁决一般应在收到仲裁申请的六十日内作出。对仲裁裁决无异议的,当事人必须履行。
劳动争议当事人对仲裁裁决不服的,可以自收到仲裁裁决书之日起十五日内向人民法院提起诉讼。一方当事人在法定期限内不起诉又不履行仲裁裁决的,另一方当事人可以申请人民法院强制执行。
因签订集体合同发生争议,当事人协商解决不成的,当地人民政府劳动行政部门可以组织有关各方协调处理。
因履行集体合同发生争议,当事人协商解决不成的,可以向劳动争议仲裁委员会申请仲裁;对仲裁裁决不服的,可以自收到仲裁裁决书之日起十五日内向人民法院提起诉讼。 |
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LABOUR DISPUTES
When labour
disputes arise
between the
employers and
workers, the
parties
concerned may,
according to
law, apply for
mediation or
arbitration or
bring the case
before the
people's court
or may settle
them through
consultation.
In settling
labour disputes,
the principle of
legitimacy,
fairness and
timeliness
should be
followed in
order to
safeguard the
legitimate
rights and
interests of the
parties to the
labour disputes.
When a labour
dispute arises,
the parties
concerned may
apply with the
labour dispute
mediation
committee of
their own unit
for mediation.
Should the
mediation fail
and one of the
parties
concerned
demands
arbitration, it
may apply with
the labour
disputes
arbitration
committee for
arbitration. One
of the parties
concerned may
also file an
application
directly with
the labour
disputes
arbitration
committee for
arbitration. If
the arbitration
ruling is not
accepted, the
case may be
brought before
the people's
court.
A labour
disputes
mediation
committee may be
set up in an
employer's unit.
The labour
disputes
mediation
committee shall
be made up of
representatives
of workers, the
employer and the
trade union. The
chairmanship of
the labour
disputes
mediation
committee shall
be taken up by
the
representative
of the trade
union.
If an
agreement has
been reached
after mediation,
the parties to
the disputes are
obliged to carry
out.
The labour
disputes
arbitration
committee shall
be made up of
representatives
of labour
administrative
department,
trade union at
the same level
and the
employer. The
chairmanship of
the labour
disputes
arbitration
committee shall
be taken up by
the
representative
of the labour
administrative
department.
One of the
parties to a
dispute
demanding
arbitration
should file a
written
application with
the labour
disputes
arbitration
committee within
60 days starting
from the date
when the dispute
arises. The
arbitration
ruling should
usually be
awarded within
60 days starting
from the date
when the
application for
arbitration is
received. If no
exception is
taken with the
arbitration
ruling, the
parties
concerned shall
comply.
If a party to
a labour dispute
refuses to
accept the
ruling, the
party may bring
the case before
the people's
court within 15
days starting
from the date
when the
arbitration
award is
received. If a
party refuses to
bring the case
before the
people's court
and refuses to
implement the
arbitration
ruling within
the time limited
prescribed by
law, the other
party may apply
with the
people's court
for compulsory
implementation.
If a dispute
arises from the
conclusion of a
collective
contract and the
parties
concerned fail
to settle the
disputes through
consultation,
the labour
administrative
department of
the local
people's
government may
organize all
quarters for
settlement.
If a dispute
arising from the
performance of a
collective
contract and yet
the parties
concerned fail
to settle it
through
consultation,
they may apply
for arbitration
with the labour
disputes
arbitration
committee. If
the arbitration
ruling is not
accepted, the
case may be
brought before
the people's
court within 15
days starting
from the date
when the
arbitration
award is
received. |