Supreme People's Court Labor Dispute Case Interpretation and Case Analysis

Author: Li Guoguang
Publisher:
Publish Date: 2006-09-01
Features: On April 6, 2001, and August 31, 2006, the Supreme People's Court respectively promulgated the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in Adjudicating Labor Dispute Cases" and the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in Adjudicating Labor Dispute Cases (II)". These two interpretations are important judicial interpretations that regulate and guide the adjudication of labor dispute cases by courts. They cover the scope and procedures for accepting labor dispute cases, jurisdiction, parties in litigation, the handling of invalid or terminated labor contracts, the effectiveness of labor arbitration awards, and the basis for adjudicating labor dispute cases. They clarify long-standing issues that have troubled all sectors of society, especially laborers, such as the understanding of "the day a labor dispute occurs," protection against unpaid wages, disputes over unpaid wage receipts, the acceptance of cases involving social insurance fees, measures to facilitate laborers in exercising their rights, the effectiveness of collective contracts and labor dispute mediation agreements, and compensation for work-related injuries. These are all pressing and complex issues in labor dispute cases at the current stage. To help readers better understand and apply the above two interpretations, we have specially invited experts with extensive research in labor law to write this book. The book provides detailed interpretations of the provisions of the two interpretations, conducts research and discussions on issues that should be noted in applying the two interpretations, and also uses typical cases to analyze the application of the interpretations. Finally, it appends relevant laws, regulations, and judicial interpretations. We believe this book will provide an important reference for all sectors of society to more comprehensively and systematically understand the above two interpretations, fully safeguard the legitimate rights and interests of laborers, and jointly create a harmonious society. On April 6, 2001, and August 31, 2006, the Supreme People's Court respectively promulgated the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in Adjudicating Labor Dispute Cases" and the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in Adjudicating Labor Dispute Cases (II)". These two interpretations are important judicial interpretations that regulate and guide the adjudication of labor dispute cases by courts. They cover the scope and procedures for accepting labor dispute cases, jurisdiction, parties in litigation, the handling of invalid or terminated labor contracts, the effectiveness of labor arbitration awards, and the basis for adjudicating labor dispute cases. They clarify long-standing issues that have troubled all sectors of society, especially laborers, such as the understanding of "the day a labor dispute occurs," protection against unpaid wages, disputes over unpaid wage receipts, the acceptance of cases involving social insurance fees, measures to facilitate laborers in exercising their rights, the effectiveness of collective contracts and labor dispute mediation agreements, and compensation for work-related injuries. These are all pressing and complex issues in labor dispute cases at the current stage. To help readers better understand and apply the above two interpretations, we have specially invited experts with extensive research in labor law to write this book. The book provides detailed interpretations of the provisions of the two interpretations, conducts research and discussions on issues that should be noted in applying the two interpretations, and also uses typical cases to analyze the application of the interpretations. Finally, it appends relevant laws, regulations, and judicial interpretations. We believe this book will provide an important reference for all sectors of society to more comprehensively and systematically understand the above two interpretations, fully safeguard the legitimate rights and interests of laborers, and jointly create a harmonious society.