Labor contract dispute

Author: Zhu Mingshan
Publisher:
Publish Date: 2004-06-01
Features: "Examples support the law, not break it." The guiding significance and reference value of cases in judicial work have always been emphasized by courts at all levels in China. Every issue of the Supreme People's Court Gazette publishes cases approved by the Supreme People's Court or discussed and approved by the Supreme People's Court Judicial Committee, requiring courts at all levels to refer to them in judicial work. Since 2000, the Supreme People's Court has publicly released judgments and rulings. The China Application Law Research Institute of the Supreme People's Court has been editing and publishing Selected Cases of People's Courts since 1992. After nearly a year of effort, we have launched this series of books. In the process of editing, we tried to make the series have the following distinct features:
1. Typical and Real Cases. Most of the selected cases belong to those published by the Supreme People's Court Gazette, the Supreme People's Court, and its divisions through other forms. Each case is as typical as possible. For convenience of use, we have summarized the essence of each case and listed it as "Problem Prompt" before the case. All cases are kept real. In cases involving minors, personal privacy, and other content, some real names have been omitted.
2. Authoritative Analysis. In addition to cases from the Supreme People's Court Gazette and judgments and rulings released by the Supreme People's Court, other cases are analyzed by presiding judges or experts on core legal issues, with particular emphasis on explaining hot or difficult issues in professional fields.
3. Comprehensive Legal Documents. The "Application of Law" section is specifically divided into [Laws, Regulations, Rules], [Judicial Interpretations], [Requests and Replies], [Local Regulatory Documents], and [Judicial Policies]. Among them, the replies of the Supreme People's Court to requests from lower courts regarding the application of law, judicial documents published by local courts, and research findings by various courts on handling certain types of cases are also unique features of this series.
4. Detailed and Reasonable Classification. This series of books is categorized separately according to different types of civil and criminal cases (causes of action). The first batch includes Labor Contract Disputes, Medical Malpractice Compensation Disputes, Student Injury Compensation Disputes, Personal Injury Compensation Disputes, Defamation Disputes, Marriage and Family Disputes, Inheritance Disputes, Property Division in Divorce Disputes, Loan Contract Disputes, Certificate of Deposit Disputes, Construction Project Contract Disputes, House Purchase Disputes, House Demolition Disputes, House Rental Disputes, Negotiable Instrument Disputes, Labor Insurance Disputes, and Traffic Accident Compensation Disputes.
It should be noted that some cases were rendered before relevant new laws were enacted, so the judgments and analyses may include provisions of old laws. However, the legal issues involved remain important, and we have selectively included such cases. The analysis focuses on legal issues. In the "Application of Law" section, the latest legal basis is listed. Readers are advised to pay attention when using the book.