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Labor dispute handles limits, program and regulation

来源: 作者:Stand originally 时间:2008-12-25 Tag: 点击:
Labor dispute is working relationship incongruous is behaved one kind, in producing labor course, because work,the motive orientaton between concern principal part and increase demand differ, and the effect that suffers all sorts of elements, produce labor dispute to also have its objectivity. Once labor dispute is formed, affect the manufacturing order with normal company, influence society is stable, because this must undertake processing in time lawfully.

    One, the regulation of a few programs that labor dispute handles

Handle labor dispute, its arbitrate the legal basis of the program is " labor law " the 10th chapter, the State Council releases " dispute of labor of industry of People's Republic of China handles byelaw " , original labor department makes " labor dispute arbitrates committee handles a case regular " etc.

   (One) the concept of labor dispute

Labor dispute, it is to show labor concerns to law, code works because of carrying out between main body both sides or fulfill the view with different hold of labor contract, collective contract and the controversy that ask and generate commonly.

Main body must lawful. Labor dispute arbitrates the orgnaization is accepted at present can be the labor dispute that happens between unit of choose and employ persons and laborer only. Between unit of choose and employ persons, the controversy that happens between the citizen is not belonged to accept limits.

Organization of mechanism, society, institution and the laborer that establish labor contract relationship to it, the labor dispute that happens between both sides, ought to accept.

Nonlocal enterprise is in the enterprise of 2 class legal person of our city open, be like branch, agency, signed labor contract with our city laborer, after dispute of labor of both sides happening, fulfill the ground to be in processing of arbitral orgnaization put on record by the contract, but of extraordinary to having in the contract agreement, carry out by the agreement.

   (2) labor dispute accepts limits

Labor dispute arbitrates the orgnaization hears following labor dispute:

1, because of enterprise discharge, remove sb's name from the rolls, leave his post repulsive worker and worker abdication, automatically the controversy that happen;

2, because carry out a country to concern salary, safe, welfare, groom, the controversy that the regulation of labor protection produces;

3, the controversy that happens because of fulfilling labor contract;

4, law, code sets the other dispute that should handle (the) such as the controversy that if fulfil collective contract,happens.

   (3) the basic form that labor dispute treats

Basic form is: Mediate committee to apply for to mediate to industry labor dispute lawfully; To labor dispute arbitral committee applies for the arbitration; To people court to lodge a complaint, party proper motion reconciles.
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