Supreme People's Court, Interpretation on Several Issues Concerning the Application of the Law to Trials of Employment Disputes (3)

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（三）

November 09, 2010 | BY

clpstaff &clp articles &

Scope of eligible employment disputes enlarged.

Clp Reference: 2400/10.09.13 Promulgated: 2010-09-13 Effective: 2010-09-14

Promulgated: September 13 2010
Effective: September 14 2010

Main contents: The Interpretation allows a party that was omitted in an arbitral award but ought to have been part of the arbitration to be added as a party to the legal action (Article 6).

If an employment dispute arises between an employer and an employee it has recruited who is already receiving old-age insurance benefits in accordance with the law or has received retirement benefits and a legal action is instituted in a people's court, the people's court shall handle the same as a service relationship (Article 7).

If an employment dispute arises between a person's new employer and a person whose wage has been halted but remains on an enterprise's role, or who is internally retired but has not reached the statutory retirement age, has been laid off or is on extended leave as the result of his/her enterprise having suspended operations, and a legal action is instituted in a people's court in accordance with the law, the people's court shall handle the same as an employment relationship (Article 8).

If a worker claims overtime pay, he/she shall bear the burden of proof in respect of the existence of the facts of the overtime work (Article 9).

Related legislation: PRC Labour Law, Jul 5 1994, CLP 1994 No.7 p.21; PRC Employment Contract Law, Jun 29 2007, CLP 2007 No.6 p.30; PRC Law on the Mediation and Arbitration of Employment Disputes, Dec 29 2007, CLP 2007 No.4 p.34; and PRC Civil Procedure Law (2nd Revision)

clp reference:2400/10.09.13prc reference:法释 [2010] 12号promulgated:2010-09-13effective:2010-09-14

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