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Human resources training: whether final rulings apply to labor standards disputes

发布时间:2019-09-20 18:03:00 点击量: Source: Global Online School Release time: 2019-09-20 18:03:00 Clicks: share it:

[Question]: Li is an employee of a construction company. In April of this year, Li was hit by a truck driven by a worker during construction on the site and has been hospitalized so far. Because he has been unable to reach the relevant person in charge of the enterprise, Li wants to protect his rights through judicial channels in order to obtain work injury treatment. He hopes to get legal relief soon and wants to know if his situation can be applied to the final award?

[Answer]: Yes.

Article 50 of the “Rules for Handling Cases of Labor and Personnel Disputes” stipulates that, in accordance with the provisions of Article 47 (2) of the Mediation and Arbitration Law, the occurrence of labor time, rest and vacation, social insurance, etc. due to the implementation of national labor standards For disputes, the final award shall apply.

[Interpretation of the law]

National labor standards, sometimes also known as labor standards in theory, are the bottom line that workers and employers stipulated by the state should follow when determining working conditions. They mainly involve working hours, minimum wages, rest and vacations, and sometimes social insurance. Is covered. These matters are clearly stipulated by the state and are the bottom line for protecting workers. On the one hand, it is easier to judge, and on the other hand, it is necessary to quickly decide to protect the rights and interests of workers. Therefore, the current law will cover the above-mentioned standard working hours, rest and social insurance matters. Included in the final decision case.

According to the current law, the dispute over the implementation of national labor standards mainly involves the following three aspects:

Working hours dispute

Refers to the disputes arising from the implementation of national working hours standards in the determination of working hours such as standard working hours, irregular working hours, comprehensive working hours, and part-time working hours.

Rest vacation dispute

It refers to rest during work breaks, day breaks, public holidays, holiday breaks, as well as sick leave, maternity leave, breastfeeding leave, family planning leave, paid annual leave, family visit leave, marriage and funeral leave and comprehensive calculation due to the implementation of national labor standards. Controversy over breaks, such as concentrated breaks for working hours.

Social insurance dispute

Refers to disputes arising from the implementation of national labor standards in social insurance such as basic old-age insurance, basic medical insurance, work injury insurance (work injury insurance benefits other than medical expenses for work injury), unemployment insurance, and maternity insurance.

It should be noted that disputes arising from the implementation of national labor standards in terms of working hours, rest and vacations, social insurance, etc. only include disputes over implementation of standards, and do not include disputes such as compensation and compensation for violations of standards. If disputes overtime, financial compensation or compensation are caused due to violations of working hours, vacation and social insurance regulations, the final ruling shall be determined in accordance with the statutory small dispute standards.

[Legal link]

Article 47 of the Labor Dispute Mediation and Arbitration Law, Articles 13 and 14 of the Supreme People's Court's Interpretation of Certain Issues Concerning the Application of Laws in the Trial of Labor Disputes Cases (Fujian [2010] No. 12) , "Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Labor Dispute Cases (IV)" (Fujian [2013] No. 4) Article 2, "Opinions on the Implementation of Several Issues of the Labor Law of the People's Republic of China" Ministry of Labor [1995] No. 309) Article 53.

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