劳动法司法解释(二)(英文版)

劳动法司法解释(二)(英文版)

——最高人民法院关于审理劳动争议案件适用法律若干问题的解释(二)(英文版)

最高人民法院关于审理劳动争议案件适用法律若干问题的解释(二)(英文版)

Interpretations of the Supreme People's Court on Some Issues concerning the Application of Laws for the Trial of Labor Dispute Cases (II)

Judicial Interpretation [2006] No. 6, Announcement of the Supreme People's Court August 14, 2006

The Interpretation of the Supreme People's Court on Some Issues concerning the Application of Laws for the Trial of Labor Dispute Cases (II), which has been adopted at the 1393rd session of the Judicial Committee of the Supreme People's Court on July 10, 2006, is hereby promulgated and shall go into effect as of October 1, 2006.

Interpretations of the Supreme People's Court on Some Issues concerning the Application of Laws for the Trial of Labor Dispute Cases (II)

(Adopted at the 1393rd session of the Judicial Committee of the Supreme People's Court on July 10, 2006)

For the purpose of correctly trying labor dispute cases , according to the Labor Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China and the provisions of other relevant laws , in combination with the civil trial practice, a supplementary interpretation on some issues concerning the application of laws for the trial of labor dispute cases by the people's court is made as follows:

Article 1 Any of the following circumstances shall be regarded as the "date when the labor dispute arises" as stipulated in Article 82 of the Labor Law when the people's court tries a labor dispute case:

(1) In the case of a wage payment dispute arising during the existence of labor relationship, if the employer can prove that it has delivered a written notice on refusing to pay the wage to the laborer, the date when the labor dispute arise shall be the date when the written notice is served s; otherwise, it shall be the date when the

laborer claims for his rights;

(2) In the case of a dispute arising due to the dissolving or termination of labor relationship, if the employer can not prove the time when the laborer receives a written notice on dissolving or terminating the labor relationship, the date when the labor dispute arises shall be the date when the laborer claims for his rights; and (3) In the case of a dispute over the payment of wages, economic compensations or welfare treatments, etc. arising after the labor relationship is dissolved or terminated, if the laborer can prove the time when the employer promises to make payment is any concrete date after the labor relationship is dissolved or terminated, the date when the labor dispute arises shall be the date when the employer promises to make payment; otherwise, it shall be the date when the labor relationship is dissolved or terminated .

Article 2 With respect to a dispute over the default on wages, if the labor relationship still continues when the laborer applies for arbitration, and the employer claims not to make payment for the reason that it has been over 60 days when the laborer applies for the arbitration, the people's court shall not support the claim, unless the employer can prove that the laborer has received a written notice on refusing to pay the wage.

Article 3 If a laborer, by using a wage IOU issued by the employer as the evidence, directly file a suit at the people's court, and the claims are not concerned with any other dispute over labor relationship, it shall be regarded as a dispute over the default on labor remunerations and shall be accepted as a common civil dispute.

Article 4 With respect to a dispute between an employer and any of its laborers over whether or not the labor relationship has been dissolved or terminated or whether the economic compensation should be paid for the dissolving or termination of labor relationship, if either party concerned files a suit in accordance with law upon an arbitration of the labor dispute arbitration commission, the people's court shall accept it.

Article 5 With respect to a dispute arising when a laborer requests his employer to return the earnest money, caution money, mortgage money or guaranties for the labor contract collected by the latter or when the laborer transacts the formalities for transferring personnel archives or social insurance relations, etc. after the dissolving or termination of the labor contract between them, if either party concerned files a suit in accordance with law after the labor dispute arbitration commission makes an arbitration award , the people's court shall accept it.

Article 6 With respect to a dispute arising when a laborer requests his employer to grant the treatment of the insurance against the work-related injury due to a

work-related injury or occupational disease, if either party concerned files a suit in