Original title: Yangxin accepted 372 labor dispute cases in three years, and 87% of them were resolved before litigation - (Citation)
A Door to Resolve "Salary" Worries (Theme)
Hubei Daily all-media reporter Peng Lei, Qi Quan, correspondents, Liu Qiang, Yi Xiangzhi, Cheng Qiongfang
The long litigation cycle and high cost of labor disputes are one of the difficulties and pain points of social governance.
In July 2021, the Yangxin County People's Court and the Yangxin County Federation of Trade Unions set up a "court + trade union" labor dispute litigation and mediation studio to explore the diversified solution of "court + trade union" labor disputes. In the past three years, the studio has accepted 372 cases of various labor disputes and closed 326 cases, with a mediation success rate of 87.63%.
How does the "court + trade union" model resolve labor disputes? In the past few days, the all-media reporter of Hubei Daily has interviewed about this.
One-stop mediation, stop disputes before litigation
On December 30 last year, with the payment of more than 1.31 million yuan in arrears from a coal company in Yangxin County, the 14 workers' nearly 10-year wage bargaining road came to an end.
In 2023, Fang Xianfu, the person in charge of the county's "court + trade union" labor dispute litigation and mediation studio, received a thorny problem: in 2015, due to government control reasons, a coal company in Yangxin County stopped production, owing a total of more than 1.31 million yuan in wages to 14 workers, including transportation workers, underground electricians, surface electricians, and machinery operators, and the workers wanted to sue the court.
In order to resolve the conflict as soon as possible, the Yangxin Court intervened in advance, and after obtaining the consent of both parties, it relied on the "court + trade union" labor dispute litigation and mediation studio to carry out pre-litigation mediation in the case. Fang Xianfu carefully reviewed the indictment, the letter of commitment, the registration form of arrears of wages for migrant workers and other evidentiary materials, and communicated with the plaintiff and the defendant many times to discuss the mediation plan.
In August of the same year, the two parties finally reached a mediation agreement on the amount of the payment and the payment period, and the company paid the workers' wages by the end of the year with the resource compensation allocated by the government department.
Fang Xianfu said that in the past, similar labor dispute cases had to go through the pre-procedure of arbitration by the labor arbitration commission, and if they were dissatisfied with the arbitration, they would first file a lawsuit with the people's court, and a case would take one or two years after the "first adjudication and second trial" procedure, which would bring great litigation burden to the parties.
How to speed up the resolution of labor disputes? In July 2021, the Yangxin County People's Court and the trade union set up a "court + trade union" labor dispute litigation and mediation docking studio, introducing a new mechanism of "court + trade union" diversified labor dispute resolution.
Only one door - the county will merge the mediation functions of labor inspection and labor dispute arbitration into the "court + trade union" platform, strengthen the linkage of people's mediation, judicial mediation, and arbitration mediation, and the parties involved in the case can obtain the corresponding package of solutions "only through one door".
The whole process of subtraction - the "court + trade union" model realizes procedural convergence, resource integration, and information sharing, and uses the advantages of trade union organization, trust between labor parties, and convenient geographical location of the hospital to resolve disputes in a package, and press the "fast forward button" for the timely resolution of labor disputes. Under this model, the court and the labor union issue corresponding legal documents for both parties through "litigation" and "mediation", and the result has legal effect, realizing one-time mediation, one-time confirmation and one-time performance of labor disputes.
Since the establishment of the county's "court + trade union" litigation and mediation docking studio, labor dispute cases can be mediated within 3 days at the earliest, and mediation must be completed within 30 days for more difficult and complex cases.
"Open a good prescription" to help enterprises "plug loopholes"
This year, the human resources department of Chengda Printing Technology (Yangxin) Co., Ltd. has established an internal communication mechanism to encourage communication between new employees and management. This change stems from a labor dispute of more than 600 yuan.
On April 21 last year, Zhao Moumou, who had been in the company for a few days, sent a WeChat message to the company's personnel and left the company. Soon after, Zhao Moumou complained to the "court + trade union" platform, saying that the company did not sign a labor contract and did not pay him 5 days of wages, totaling 615 yuan.
Knowing that he was complained, Wu Wensheng, the relevant person in charge of the company, was very helpless, "Zhao Moumou is still in the probation period, except for the real time in the company after the weekend is only 3 days, and it is child's play for the resignation." The company had previously verbally informed the other party that the labor contract would be signed only after the probationary period of one month was qualified, and the resignation needed to go through the relevant procedures, which was Zhao Moumou's breach of contract first. ”
Wang Jianming, president of the Yangxin County People's Court, said that although the amount involved in this case is small, once the dispute is not handled well, the "injured" enterprises are still the ones who are "injured."
The "court + trade union" platform adopts "back-to-back" mediation, and the mediator starts from reason and persuades Zhao Moumou to think from the perspective of the company. At the same time, the mediator gave the company a "rule of law lesson" from the perspective of legal theory, interpreting the provisions of the labor law, explaining the relevant legal risks, and listing the "loopholes" exposed by the enterprise in the recruitment and employment of employees. After some communication, the attitude of the two parties gradually softened, and finally reached a settlement: the company paid the wages according to the actual work of the worker for 3 days.
In recent years, the county has moved the dispute resolution port from the litigation end to the pre-litigation mediation end, and promoted the "handshake and peace" between labor and management with lower cost and higher efficiency. In the meantime, the mediators adopt door-to-door mediation, "micro-court" and other methods to help enterprises improve their awareness of operating in accordance with the law and reduce the adverse impact on the operation and development of enterprises as much as possible.
Extended service, conveying warmth in different places
Yangxin is a large labor export county, including nearly 130,000 people in Wenzhou, Zhejiang. Cheng Liangyou, president of the case filing division of the Yangxin County People's Court, introduced that the county relied on the Wenzhou Yangxin Chamber of Commerce to set up a "Yangxin County People's Court + Yangxin County Federation of Trade Unions" in Wenzhou to make Yangxin employees feel the warmth of their hometown.
In June last year, the contact point accepted a batch of labor disputes, and a company laid off employees due to poor performance, owing 40 employees 240,000 yuan in wages.
"On the one hand, the legitimate rights and interests of employees, on the other hand, the operation and development of enterprises, behind it is a comprehensive consideration of group dispute cases and a law-based business environment." Resident mediator Ke Xiangjian introduced that after 5 days of repeated negotiations and communication, the company paid off all the arrears of wages, and the labor dispute was successfully resolved.
Relying on the "court + trade union" off-site contact point, the county has established a working mechanism for the tripartite linkage of the court, the trade union and the chamber of commerce, that is, giving full play to the advantages of the local chamber of commerce's wide information resources and strong link, and the county's people's court and the trade union and the chamber of commerce resident mediators exchange information, remote assistance for difficult cases, and door-to-door service for centralized needs.
Up to now, the contact point has received more than 4,000 legal consultations and visits, and coordinated the handling of more than 100 labor disputes and more than 200 people.
Source: Hubei Daily