Supreme People's Court calls for trial of labor dispute cases under crisis

Influenced by the international financial crisis, the number of cases of labor disputes in the national courts has risen sharply.　　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."　　The guiding opinion emphasizes that the people's courts at all levels should give full play to the function of the people's Court to serve the economic and social development and social harmony and stability, actively respond to the changes of macroeconomic situation and provide more powerful judicial guarantee for the overall work of "guarantee growth, Pao Minsheng and stability". 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 points out that to accurately grasp the laws and regulations and the relevant national policies, not only strictly enforce the laws and regulations, but also fully consider the national response to the international financial crisis issued a series of policy.　　To give full play to the function of litigation mediation, as far as possible to take mediation, reconciliation methods, pay attention to the legitimacy of mediation procedures, flexibility and operability, look for the interests of all parties to balance points, to achieve the case. The guidance is clear, should play the role of the people's mediation, strengthen communication and coordination with the Government departments, actively invite the enterprises trade unions, residents, villagers committees, people mediators, assessors and other social forces to participate in mediation, and promote the mutual understanding of labor relations between the parties.　　We should establish and improve the mechanism of solving labor dispute disputes by multi-channel, guide laborers to express their interests legitimately and reasonably, and create and perfect the multi-party mechanism of labor dispute and the mechanism of emergency treatment. 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. The directive opinion also put forward the explicit request to reasonable take the property preservation measure, completes the labor dispute lawsuit procedure and the arbitration procedure effective connection and so on. (according to Xinhua news Agency)