The Interpretation of the Supreme People's Court on the Application of Law in the Trial of Labor Dispute Cases (1) was adopted at the 1825th meeting of the Judicial Committee of the Supreme People's Court on December 25, 2020. It is hereby promulgated and effective from January 1, 2021 Implement.

Supreme People's Court

December 29, 2020

Law Interpretation (2020) No. 26

Interpretation of the Supreme People's Court on the Application of Law in the Trial of Labor Dispute Cases (1)

(Adopted at the 1825th meeting of the Judicial Committee of the Supreme People's Court on December 25, 2020, and implemented on January 1, 2021)

In order to correctly hear labor dispute cases, according to the "Civil Code of the People's Republic of China", "Labor Law of the People's Republic of China", "Labor Contract Law of the People's Republic of China", "Labor Dispute Mediation and Arbitration Law of the People's Republic of China," and "Civil Procedure Law of the People's Republic of China", etc. According to legal provisions, this interpretation is formulated in conjunction with trial practice.

Article 1 The following disputes between workers and employers are labor disputes. If the parties disagree with the ruling made by the labor dispute arbitration institution and file a lawsuit in accordance with the law, the people’s court shall accept: (1) The worker and the employer are performing Disputes arising during the labor contract; (2) Disputes that occur after the labor relationship has been formed without a written labor contract between the worker and the employer; (3) Whether the labor relationship between the worker and the employer has been terminated or terminated , And whether to pay the economic compensation for termination or termination of the labor relationship; (4) After the laborer and the employer terminate or terminate the labor relationship, request the employer to return the labor contract deposit, security deposit, mortgage, and mortgage collected by it Disputes occurred, or disputes arising from the transfer procedures of laborer’s personnel files, social insurance relations, etc.; (5) The employer failed to go through the social insurance procedures for the employer and the social insurance agency could not make up Disputes that require the employer to compensate for losses due to social insurance benefits; (6) After the employee retires, he and the original employer who has not participated in the social insurance coordinating recourse for pension, medical expenses, work-related injury insurance benefits and other social insurance Disputes arising from treatment; (7) Disputes arising from workers requesting the employer to grant work-related injury insurance benefits in accordance with law due to work-related injuries or occupational diseases; (8) Workers requesting the employer to pay additional payment in accordance with Article 85 of the Labor Contract Law Disputes arising from compensation; (9) Disputes arising from enterprises' independent restructuring.

Article 2 The following disputes are not labor disputes: (1) Disputes between workers requesting social insurance agencies to issue social insurance funds; (2) Disputes over public housing transfers between workers and employers arising from the reform of the housing system; (3) Disputes between workers on the disability level appraisal conclusions of the Labor Ability Appraisal Committee or the occupational disease diagnosis appraisal conclusions of the Occupational Disease Diagnosis and Appraisal Committee; (4) Disputes between families or individuals and domestic service personnel; (5) Individual craftsmen and helpers , Disputes between apprentices; (6) Disputes between rural contracting operators and employees.

Article 3 Labor dispute cases shall be under the jurisdiction of the basic people's court in the place where the employer is located or where the labor contract is performed. If the place of performance of the labor contract is not clear, it shall be under the jurisdiction of the basic people's court where the employer is located. If the law provides otherwise, follow those provisions.

Article 4 If both the worker and the employer disagree with the same ruling of the labor dispute arbitration institution and file a lawsuit in the same people’s court, the people’s court shall hear the case together. Both parties are the plaintiff and defendant. The people’s court shall agree on the claims of both parties. And make a ruling. In the process of litigation, if one party withdraws the lawsuit, the people's court shall continue the trial based on the litigation request of the other party. If the parties to the same arbitration award separately file a lawsuit in a people's court with jurisdiction, the people's court that accepts it later shall transfer the case to the people's court that accepts it first.

Article 5 The labor dispute arbitration institution does not accept labor dispute cases on the grounds of lack of jurisdiction, and if the parties file a lawsuit, the people's court shall handle the cases according to the following circumstances: (1) After review, the labor dispute arbitration institution does not have jurisdiction over the case. In case of the right, the parties shall be notified to apply for arbitration with a labor dispute arbitration institution with jurisdiction; (2) If the labor dispute arbitration institution is deemed to have jurisdiction after review, the parties shall be notified to apply for arbitration, and the review opinions shall be notified in writing of the labor dispute arbitration Institutions: The labor dispute arbitration institution still refuses to accept it. If the parties file a lawsuit on the labor dispute, the people’s court shall accept it.

Article 6 The labor dispute arbitration institution makes a written ruling, decision or notice of inadmissibility on the grounds that the matter applied by the parties for arbitration is not a labor dispute. If the parties are not satisfied with the lawsuit, the people's court shall deal with them separately: (1) If it is a labor dispute case, it shall be accepted; (2) Although it is not a labor dispute case, other cases under the jurisdiction of the people’s court shall be accepted according to law.

Article 7 The labor dispute arbitration institution makes a written ruling, decision or notice of inadmissibility on the grounds that the subject applying for arbitration is unqualified. If the party is not satisfied with the lawsuit, the people's court shall not accept it. If it has already been accepted, it shall be ruled to reject the prosecution.

Article 8 If the labor dispute arbitration institution makes a new ruling to correct the error of the original arbitration award, and the parties are not satisfied with the lawsuit, the people's court shall accept it.

Article 9 The matters arbitrated by labor dispute arbitration institutions are not within the scope of cases accepted by the people's courts. If the parties are not satisfied with the lawsuits, the people's courts shall not accept them; if they have already accepted the cases, they shall rule to reject the suit.

Article 10 If a party dissatisfied with an award made by a labor dispute arbitration institution to pay workers' labor remuneration, work injury medical expenses, economic compensation or compensation, and initiate a lawsuit in accordance with the law, the people's court will not accept it. If the employer fails to perform the payment obligations in the above-mentioned ruling and the worker applies for compulsory execution according to law, the people's court shall accept it.

Article 11 The mediation statement made by the labor dispute arbitration institution has become legally effective, and if one of the parties repents to file a lawsuit, the people's court shall not accept it; if it has accepted it, it shall rule to reject the lawsuit.

Article 12 If a labor dispute arbitration institution fails to make an acceptance decision or an arbitration award within the time limit, and the parties directly initiate a lawsuit, the people's court shall accept it, unless the case for arbitration is subject to the following reasons: (1) Transfer to jurisdiction; (2) The service is in progress or the service is delayed; (3) Waiting for the result of another lawsuit and the disability assessment conclusion; (4) Waiting for the labor dispute arbitration institution to hold a hearing; (5) Starting the appraisal procedure or entrusting other departments to investigate and collect evidence; (6) ) Other legitimate reasons. Where a party initiates a lawsuit on the grounds that the labor dispute arbitration institution has not made an arbitration award within the time limit, it shall submit the acceptance notice issued by the arbitration institution or other vouchers or certifications that have accepted the arbitration application.

Article 13 If the worker applies for a payment order to the people’s court in accordance with the provisions of Article 30, paragraph 2, of the Labor Contract Law and Article 16 of the Mediation and Arbitration Law, and the provisions of Chapter 17 of the Civil Procedure Law are met, the people’s court shall grant Accept. According to the second paragraph of Article 30 of the Labor Contract Law, after the people’s court has ruled that the application for payment order terminates the supervision procedure, if the worker directly initiates a lawsuit on a labor dispute, the people’s court shall inform him or her to apply to the labor dispute arbitration institution first. According to Article 16 of the Mediation and Arbitration Law, after the people’s court decides to terminate the supervision procedure for an application for payment order, the people’s court shall accept the case if the worker directly initiates a lawsuit based on the mediation agreement.

Article 14 After the people’s court accepts a labor dispute case, if the parties increase the claim, if the claim is inseparable from the labor dispute in the litigation, the trial shall be combined; if it is an independent labor dispute, the parties shall be notified to arbitrate the labor dispute The agency applies for arbitration.

Article 15 Workers directly file a lawsuit based on the employer’s wage arrears as evidence. If the claim does not involve other disputes over the labor relationship, it shall be deemed as a dispute over arrears of labor remuneration, and the people’s court shall accept it in accordance with ordinary civil disputes.

Article 16 After a labor dispute arbitration institution makes an arbitration award, if the parties disagree with some of the matters in the award and file a lawsuit in accordance with the law, the labor dispute arbitration award shall not have legal effect.

Article 17 After the labor dispute arbitration institution has made an arbitration award on the labor dispute of multiple workers, and some workers are dissatisfied with the arbitration award and file a lawsuit in accordance with the law, the arbitration award has no legal effect on the worker who brought the lawsuit; Part of the laborers involved in the litigation have legal effect. If they apply for enforcement, the people's court shall accept it.

Article 18 The type of arbitration award shall be determined by the arbitration award. The arbitration award does not specify that the award is final or non-final, and if the employer disagrees with the arbitration award and file a lawsuit with the basic people’s court, it shall be dealt with according to the following circumstances: (1) The arbitration award is deemed non-final after review The basic-level people’s court shall accept the case; (2) The basic people’s court shall not accept the arbitration ruling if the arbitration award is deemed final after review, but the employer shall be informed that it may within 30 days from the date of receipt of the non-acceptance ruling Apply to the Intermediate People's Court where the labor dispute arbitration institution is located to revoke the arbitration award; if it has been accepted, it shall be ruled to reject the suit.

Article 19 The arbitration award does not specify that the award is final or non-final. The worker shall claim labor remuneration, work injury medical expenses, economic compensation or compensation in accordance with Article 47, Paragraph 1 of the Mediation and Arbitration Law If the arbitration award involves several items, and the amount determined in each item does not exceed the 12-month amount of the local monthly minimum wage standard, it shall be dealt with in accordance with the final award.

Article 20 The same arbitration award made by a labor dispute arbitration institution contains both final and non-final awards.

If the parties are not satisfied with the arbitration award and file a lawsuit with the people’s court, the decision shall be handled as a non-final award.

Article 21: Workers file a lawsuit in the basic people’s court in accordance with Article 48 of the Mediation and Arbitration Law, and the employer shall apply to the intermediate people’s court where the labor dispute arbitration institution is located to revoke the arbitration award in accordance with Article 49 of the Mediation and Arbitration Law. If it has been accepted, the intermediate people’s court shall reject it; if it has already accepted it, it shall rule to reject the application. If the lawsuit is rejected by the people's court or the worker withdraws the lawsuit, the employer may, within 30 days of receiving the ruling, apply to the intermediate people's court where the labor dispute arbitration institution is located to revoke the arbitration award.

Article 22 The employer shall apply to the Intermediate People's Court to revoke the arbitration award in accordance with Article 49 of the Mediation and Arbitration Law. The ruling of the Intermediate People's Court to reject the application or cancel the arbitration award shall be the final ruling.

Article 23 Intermediate people's courts shall form a collegiate panel to hear cases in which an employer applies for revocation of a final ruling. After reviewing the files, investigating and questioning the parties, if there are no new facts, evidence, or reasons, and the collegial panel deems that there is no need for a hearing, the hearing may not be held. The Intermediate People's Court may organize mediation between the parties. If a mediation agreement is reached, a mediation statement may be made. If one party fails to perform the mediation agreement within the time limit, the other party may apply to the people's court for enforcement.

Article 24 The parties apply to the people’s court to enforce the legally effective awards and mediation documents issued by labor dispute arbitration institutions. The respondent provides evidence to prove that the labor dispute arbitration awards and mediation documents have one of the following circumstances, which have been reviewed and verified According to the provisions of Article 237 of the Civil Procedure Law, the people’s court may rule not to execute: (1) The matter of the award does not fall within the scope of labor dispute arbitration, or the labor dispute arbitration institution has no right to arbitrate; (2) Applicable Laws and regulations are indeed wrong; (3) Violation of legal procedures; (4) The evidence on which the award is based is forged; (5) The opposing party has concealed evidence sufficient to affect the fair award; (6) The arbitrator is in the arbitration In this case, there were acts of soliciting and accepting bribes, practicing favoritism, and ruling in violation of the law; (7) The people's court determined that the enforcement of the labor dispute arbitration award violated the public interest. In the non-enforcement ruling, the people's court shall inform the parties that within 30 days from the day after receiving the ruling, they can file a lawsuit with the people's court on the labor dispute.

Article 25 If a labor dispute arbitration institution makes a final award, the worker applies to the people’s court for enforcement, and the employer applies to the intermediate people’s court where the labor dispute arbitration institution is located for cancellation, the people’s court shall rule to suspend enforcement. If the employer withdraws the application for revocation of the final award or its application is rejected, the people's court shall rule to resume execution. If the arbitration award is revoked, the people's court shall rule to terminate the execution. After the employer applies to the people's court for revocation of the arbitration award and it is rejected, the people's court shall not support the defense of non-enforcement for the same reason in the enforcement procedure.

Article 26. If an employer merges with another unit, the labor dispute that occurred before the merger shall be the party after the merger; if the employer is split into several units, the labor dispute that occurred before the split shall be determined by the actual employer after the split. The unit is the party. After the employer is divided into several units, if the specific unit that bears the labor rights and obligations is not clear, the units after the division are all parties.

Article 27 The employing unit recruits laborers who have not yet terminated the labor contract, and the labor dispute between the original employing unit and the laborer may list the new employing unit as the third party. Where the original employer initiates a lawsuit on the grounds of infringement by the new employer, the employee may be listed as the third party. Where the original employer filed a lawsuit on the grounds of joint infringement by the new employer and worker, the new employer and worker shall be listed as joint defendants.

Article 28 During the contractual operation period between the employer and other equal entities, if a labor dispute arises with either or one of the contracting party and the contracting party, and a lawsuit is filed, the contracting party and the contracting party shall be the parties.

Article 29 Where a laborer has a dispute with an employer that has not applied for a business license, its business license has been revoked, or continues to operate after the expiry of its business period, the employer or its investor shall be listed as a party.

Article 30 If an employer that has not applied for a business license or its business license has been revoked or continues to operate after the expiry of its business period, if it borrows another person's business license to operate by means of affiliation, etc., the employer and the lender of the business license shall be listed as parties.

Article 31 If the parties disagree with the arbitration award made by the labor dispute arbitration institution, they file a lawsuit in accordance with the law, and the people's court reviews that the arbitration award has omitted parties who must participate in the arbitration together, and the omitted persons shall be added as litigants in accordance with the law. If the additional party should bear the responsibility, the people's court shall deal with it together.

Article 32 If an employer has a labor dispute with a person who has already enjoyed pension insurance benefits or received pensions in accordance with the law, and file a lawsuit, the people's court shall deal with it according to the labor relationship. If an enterprise stays without pay, retires before the statutory retirement age, laid-off staff, and enterprise business suspension of production and long-term leave, the people’s court shall deal with it in accordance with the labor relationship if a lawsuit is filed due to a labor dispute with a new employer.

Article 33 Foreigners and stateless persons who have signed labor contracts with employers within the territory of the People's Republic of China without obtaining employment certificates in accordance with the law, and the parties request confirmation of the existence of labor relations with the employers shall not be supported by the people's courts. Hold the "Foreign Expert Certificate" and obtain