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1、福州市劳动争议处理若干规定（Provisions on the handling of labor disputes in Fuzhou）Provisions on the handling of labor disputes in Fuzhou(December 6, 2006 twelfth Fuzhou Municipal Peoples Congress Standing Committee of the thirty-seventh session of the twenty-eighth meeting of the Standing Committee in March 28,
2、2007 Tenth Peoples Congress of Fujian Province in April 20, 2007 with the approval of the Fuzhou Municipal Peoples Congress Standing Committee announcement promulgated since May 1, 2007)The first is lawful, fair and timely deal with labor disputes, safeguard the worker and the employers legitimate r
3、ights and interests, according to the Peoples Republic of China labor law, Peoples Republic of China enterprise labor dispute handling Regulations and other relevant laws and regulations, with the actual city, the enactment of this provision.Second administrative districts of the city enterprises, i
4、ndividual economic organizations and private non enterprise units (hereinafter referred to as the employer) between the treatment and the formation of labor relations with workers in the labor dispute, these Provisions apply.The handling of labor disputes between the state organs, institutions, soci
5、al organizations and laborers working with them in the administrative areas of this Municipality shall be handled in accordance with these provisions.The third city and county (city, district) administrative department of labor and social security is responsible for coordinating the administrative a
6、rea of the labor dispute handling work, establish a sound mechanism to prevent the occurrence of labor disputes, carry out supervision and inspection to comply with labor laws and regulations of the employer in accordance with the law of the situation.Fourth cities, counties (cities, districts) shal
7、l set up labor dispute arbitration commissions according to their jurisdiction and deal with cases of labor disputes. The municipal labor dispute arbitration commission shall direct and supervise the work of the labor dispute arbitration commission of counties (cities, districts).The labor dispute a
8、rbitration committee consists of Representatives, labor and social security administrative department of trade unions and representatives of the employing unit, and representatives of the employing unit can represent the local economic management departments, social organizations, industry organizat
9、ions, the representative director by the labor and social security administrative departments as.The labor dispute settlement institution of the labor and social security administrative department shall be the administrative body of the labor dispute arbitration commission, and shall handle the day-
10、to-day work of the labor dispute arbitration commission.Article fifth the employer may establish a labor dispute mediation committee and perform the following duties according to law:(1) mediation of labor disputes within the unit;(two) urge the parties to the labor dispute to strictly carry out the
11、 mediation agreement;(three) carrying out propaganda and education on labor laws, regulations and regulations on the employers and employees, and doing a good job in preventing labor disputes.The trade, township and streets may set up labor dispute mediation committees according to law, and shall be
12、 responsible for the mediation of labor disputes in accordance with their respective functions and duties.The labor dispute mediation committee shall be composed of representatives of workers and staff members, representatives of employing units (or representatives of employers) and trade union repr
13、esentatives, and the directors shall be represented by trade union representatives at the same level, and the institutions at the same level shall be the labor union.The labor disputes referred to in these sixth regulations include:Disputes arising from the dismissal, expulsion or dismissal of emplo
14、yees and workers and voluntary resignation by the employing units;(two) disputes over the provisions of the state, the provinces and municipalities concerning wages, social insurance, welfare, training and labor protection;(three) to carry out the disputes arising from the labor contract and collect
15、ive contract;(four) disputes over the payment of economic compensation, compensation and breach of contract damages;(five) whether there is a labor relationship between the worker and the employer;(six) other labor disputes that should be accepted according to law.The seventh employer and the worker
16、 are the parties to the labor dispute.Third people who have an interest in the outcome of the labor dispute may apply for participation in the labor dispute settlement activities, and may also be notified by the labor dispute mediation committee and the labor dispute arbitration commission.Eighth la
17、bor disputes arising before the merger or merger of the employing units, or the employer after the merger or merger is the party concerned. With the occurrence of units prior to the division of the labor dispute, the actual employer after division for the party; after the separation of rights and ob
18、ligations under the labor contract is not clear or separation effect divestiture of the rights of workers, after the separation of all employers for the common person.If the employer has been revoked of its business license, dissolved, cancelled, closed or bankrupt, the liquidation organization esta
19、blished by the law is the party concerned and the liquidation organization has not been set up, and its establishment is the party concerned.The employer will project (business) or franchise contract to a natural person or does not have the qualification of labor organization, workers of the natural
20、 person or organization shall apply for arbitration, by contracting parties as the main responsibility of the parties to undertake employment, the natural person or organization for third people.Ninth workers incompetent or with limited capacity for civil conduct, by his legal representative to part
21、icipate in the labor dispute; the death of a worker, the heirs can participate in labor dispute; no successor, with other interested parties may apply to participate in the labor dispute.Article tenth where there are more than three laborers engaged in labor disputes, and with common facts and reaso
22、ns, the arbitration representative shall be elected to participate in the arbitration activities, and the number of Representatives shall be determined by the labor dispute arbitration commission.Eleventh parties, legal agents and representatives of arbitration may entrust one or two agents to parti
23、cipate in the handling of labor disputes. If a party entrusts another to participate in the arbitration, he shall submit to the arbitration commission a power of attorney signed or sealed by the client, and the letter of attorney shall specify the entrusted matters and powers. The agent shall partic
24、ipate in the labor dispute settlement activities in accordance with the power of entrustment.Twelfth, handling labor disputes should be based on:(1) laws, regulations, rules and relevant regulations of the state;(two) labor contracts and collective contracts concluded in accordance with the law;(thr
25、ee) the lawful rules and regulations formulated by democratic procedures and publicized to labourers.Thirteenth workers and employers labor dispute can be resolved through consultation; unwilling to negotiate or fail to reach an agreement, may apply to the labor dispute mediation committee for media
26、tion; if the mediation fails, may apply to the labor dispute arbitration committee for arbitration. The parties may also apply directly to the labor dispute arbitration commission for arbitration. If he refuses to accept the arbitration award, he may bring a suit in a peoples court.The fourteenth pa
27、rties involved in the dispute shall apply to the labor dispute mediation committee in written or oral form within thirty days from the date of the occurrence of the dispute.The parties involved in a labor dispute shall apply for arbitration within sixty days from the date of the occurrence of the la
28、bor dispute in writing to the labor dispute arbitration commission.In arrears, the employer withheld wages of workers or the parties due to force majeure than apply for mediation or arbitration limitation applies, the labor dispute mediation committee or the labor dispute arbitration commission shal
29、l be accepted, but unless otherwise stipulated by laws and regulations.Fifteenth labor dispute mediation committee mediation of labor disputes, the parties should apply for mediation within thirty days from the date of completion of the expiration of the end of the mediation is not considered.The la
30、bor dispute mediation committee shall abide by the principle of voluntariness of both parties in mediating labor disputes. After the mediation agreement shall, according to the agreement of mediation, the mediation by the parties signed after the entry into force, the parties should conscientiously
31、carry out; if the mediation fails, the parties within the prescribed time limit, may apply to the labour dispute arbitration committee for arbitration.The sixteenth municipal labor dispute arbitration commission shall have jurisdiction over the major and difficult labor disputes in this Municipality
32、 and the labor disputes between the following employer and worker in each district:(1) municipal, collective and state holding enterprises;(two) foreign invested enterprises, Hong Kong, Macao and Taiwan invested enterprises;(three) collective labor disputes of more than thirty persons;(four) municip
33、al, state organs, institutions and social organizations;(five) central state organs, institutions of other provinces, cities and abroad;(six) the labor dispute arbitration commission of the province authorizes or specifies the labor disputes under the jurisdiction of the arbitration commission.Withi
34、n the jurisdiction of the labor dispute arbitration commission of the municipality, the labor dispute arbitration commission or the Municipal Labor Dispute Arbitration Commission, other than those specified in the preceding paragraph, may authorize or designate the jurisdiction of the labor dispute
35、arbitration commission.Seventeenth counties (cities) labor dispute arbitration commission has jurisdiction over the following labor disputes between the employing units and workers:(1) enterprises, individual economic organizations and privately operated non enterprise units within the jurisdiction;
36、(two) the state organs, institutions and social organizations under the county (city);(three) the central state organs, provinces, provinces and cities, and overseas counties (cities);(four) labor disputes under the jurisdiction of the municipal labor dispute arbitration commission.Eighteenth county
37、 (city, district) labor dispute arbitration committee found the admissibility of the labor dispute cases do not belong to the jurisdiction of the committee shall, within five days to the jurisdiction of the labor dispute arbitration commission, the Arbitration Commission shall be accepted by the tra
38、nsfer of labor dispute. The labor dispute arbitration commission that is transferred shall, in accordance with the regulations, be submitted to the Municipal Labor Dispute Arbitration Commission for the designation of labor dispute cases, and shall not be transferred by itself.Where a labor dispute
39、arbitration commission disagrees with the jurisdiction after accepting the case, the labor dispute arbitration commission shall, within three days, submit a ruling when the case is submitted for acceptance, and the Arbitration Commission shall accept the ruling within a few days.Disputes arising fro
40、m jurisdiction over the labor dispute arbitration commission of counties (cities, districts) shall be settled through consultation between the two parties. If no settlement can be reached through consultation, the municipal labor dispute arbitration commission shall designate it to exercise jurisdic
41、tion.The nineteenth labor dispute arbitration commission shall, within seven days from the date of receipt of the partys complaint application, make a decision on acceptance or rejection, and notify the party in writing. Where a labor dispute arbitration commission decides not to accept the case, it
42、 shall make a written explanation of the case, and the party may bring a suit before the peoples court within fifteen days from the date of receipt of the written decision.Twentieth during the trial, the defendant filed a counterclaim in defense during the trial, can be combined with the appeal; put
43、 forward the defense period after, if the other party agrees, and the Labor Dispute Arbitration Committee deems it necessary, can be combined with the appeal hearing.Article twenty-first labor dispute arbitration committee composed of personnel, arbitrators, clerks, interpreters, expert witnesses an
44、d inspectors in any of the following circumstances, should be avoided; the parties may apply for the withdrawal of orally or in writing:(1) it is a close relative of the party or the party or agent in this case;(two) having an interest in the case;(three) having other relations with the parties in t
45、he case, which may affect the impartiality of arbitration.Article twenty-second in the course of the trial, the parties to their claims, should provide evidence in accordance with the law. The labor dispute arbitration commission received evidence, shall issue a receipt receipt.The employer shall be
46、ar the burden of proof because of the labor dispute arising from the decision of dismissal, expulsion, dismissal, dissolution of labor contract, reduction of labor remuneration and calculation of the working years of the worker due to the decision made by the employing unit.The employer or the stora
47、ge form of evidence, the labor dispute arbitration commission shall submit to the employer or the authority to collect evidence; the employer refused to submit to the labor dispute arbitration committee can continue to hear the case, and make a decision in accordance with the help of the protection
48、of workers interests principle.Twenty-third during the trial, the need for the sick, injured or a work-related injury of the parties to make identification of illness or disability rating, the labor dispute arbitration commission shall entrust a qualified accreditation bodies were identified.Article
49、 twenty-fourth the employer fails to deliver the written notice of the labor contract directly to the worker, but it shall be deemed to be served by one of the following methods as prescribed:(1) to sign in with the adult relatives living with the laborers;(two) service by mail;(three) announcement service.