Supreme People's Court calls for strict review of employers ' redundancy

BEIJING, July 12 (Xinhua) The number of disputes over labor disputes has risen sharply in the national courts, according to the impact of the international financial crisis.　　In order to do a good job of the trial of such cases, the Supreme People's Court recently issued "on the current situation to do a good job in the labor dispute case trial guidance." Directive opinion request, must strive to safeguard laborer's lawful rights and interests and maintain the employing unit's survival development equally. It is necessary to safeguard the lawful rights and interests of workers and to promote the survival and development of enterprises, and strive to achieve mutual benefit.　　To actively promote the harmonious and stable labor relations, as far as possible to maintain the effectiveness of labor contracts, prudent use of the method of lifting the labor contract to resolve the labor dispute cases.　　The guidance opinion is clear, must establish the sound multi-channel solution labor dispute dispute mechanism, guides the laborer to express the interest request lawfully, reasonably, creates and consummates the labor dispute multi-party linkage solution mechanism and the emergency handling mechanism. The guidance points out that to properly deal with disputes arising from the lifting of labor contracts and recourse to economic compensation, both the workers ' right to employment and the right to resign should be safeguarded, as well as the employment autonomy of the employing units.　　Properly deal with the disputes caused by arrears of basic wages and recourse to overtime, through the reasonable distribution of burden of proof to determine overtime, combined with the contract of labor contracts, the nature of the job and work requirements and other factors set overtime. The guidance points out that to properly handle the disputes caused by the downsizing of the enterprise, we should strictly examine whether the employer's redundancy is in accordance with the procedures and conditions stipulated in the labor contract law. We should properly handle the disputes caused by the restriction of competition, take fully into account the actual level of China's economic and technological development, adhere to the social public interest as the basis for the maximum realization of the legislative intent and purpose of the establishment of the competition restriction system.