I the significance of judicial interpretation 1. It is convenient for the broad masses of workers to accurately understand and master the provisions of the labor law and promote the protection of their rights and interests according to law. Labor law is a new legal category, and the labor law specially regulating labor relations in China has only been promulgated and implemented for more than ten years. In the past, employment in China was managed by the state for a long time, and the state was the only subject of employment. The state manages and adjusts labor relations by administrative means, and workers don't care much about their rights and obligations in labor relations. Even if disputes arise, they are usually resolved through administrative channels. 2. It is convenient for judges of people's courts at all levels to accurately grasp the judicial scale and promote judicial justice. As a new type of civil case, labor relations are quite different from ordinary civil relations and labor contracts in terms of equality of the parties, freedom of expression of the parties' will and national compulsory labor standards. Compared with other civil cases tried by judges, there are great differences in the application of laws, which are reflected in the principle of comparison of labor laws, and the supporting laws and regulations are still in the process of formulation and improvement. We have formulated this judicial interpretation, which has answered some doubts of judges in the application of the law, and is undoubtedly of great significance to help them accurately grasp the judicial scale and promote the fairness of handling cases. Two. Judicial Interpretation of the Supreme Court on the Trial of Labor Dispute Cases the Supreme People's Court's Judicial Interpretation on the Trial of Labor Dispute Cases 1 In order to correctly hear labor dispute cases, according to the provisions of the Labor Law of People's Republic of China (PRC) (hereinafter referred to as the Labor Law) and the Civil Procedure Law of People's Republic of China (PRC) (hereinafter referred to as the Civil Procedure Law) and other relevant laws, the following explanations are made on some issues concerning the application of the law. Article 1 The following disputes between laborers and employers belong to the labor disputes stipulated in Article 2 of the Labor Law. If a party refuses to accept the ruling made by the labor dispute arbitration commission and brings a lawsuit to the people's court according to law, the people's court shall accept it. (a) disputes between workers and employers in the process of performing labor contracts; (2) Disputes arising after the laborer and the employer have not concluded a written labor contract but have formed a labor relationship; (3) Disputes arising from claims for pension, medical care, work-related injury insurance benefits and other social insurance premiums with former employers who have not participated in overall social insurance after retirement. Article 2 If the labor dispute arbitration committee makes a written ruling, decision or notice of inadmissibility on the grounds that the matters applied for arbitration by the parties are not labor disputes, and the parties refuse to accept it and bring a lawsuit to the people's court according to law, the people's court shall handle it according to the circumstances: (1) If it is a labor dispute, it shall be accepted; (2) Other cases that are not labor dispute cases but are under the jurisdiction of the people's courts shall be accepted according to law. Article 3 The labor dispute arbitration committee shall, according to the provisions of Article 82 of the Labor Law, make a written ruling, decision or notice of rejection on the grounds that the arbitration application of the parties exceeds the 60-day time limit. If a party refuses to accept the case and brings a lawsuit to the people's court according to law, the people's court shall accept it. If the time limit for applying for arbitration does exceed, and there is no force majeure or other legitimate reasons, the claim shall be rejected according to law. Article 4 The labor dispute arbitration commission shall make a written ruling, decision or notice of rejection on the grounds that the subject applying for arbitration is unqualified. If a party refuses to accept the case and brings a lawsuit to a people's court according to law, if it is found that the subject is unqualified after examination, it shall make a ruling not to accept or reject the lawsuit. Article 5 The people's court shall accept a new award made by the labor dispute arbitration commission to correct the mistakes of the original arbitration award, if the parties are not satisfied with it. Article 6 After the people's court accepts a labor dispute case, if the parties increase their claims, if the claims are inseparable from the disputed labor dispute, they shall be tried together; If it is an independent labor dispute, it shall inform the parties to apply to the labor dispute arbitration committee for arbitration. Article 7 The matters arbitrated by the labor dispute arbitration committee do not belong to the cases accepted by the people's courts. If a party refuses to accept a lawsuit in a people's court according to law, it shall rule that the lawsuit shall not be accepted or rejected. Article 8 Labor dispute cases shall be under the jurisdiction of the basic people's court in the place where the employing unit is located or where the labor contract is performed. Where the place of performance of a labor contract is unclear, it shall be under the jurisdiction of the grassroots people's court where the employer is located. Article 9 If both parties refuse to accept the same arbitration award made by the labor dispute arbitration commission and bring a lawsuit to the same people's court, the plaintiff shall be the first party to bring a lawsuit, and the people's court shall make a ruling on both parties' claims together. If both parties bring a lawsuit to a people's court with jurisdiction over the same arbitration award, the people's court that accepts it later shall transfer the case to the people's court that accepts it first. Article 10 Where an employing unit is merged with other units, the merged unit shall be the party to the labor dispute before the merger; If the employing unit is divided into several units, the actual employing unit after the division shall be the party that has a labor dispute before the division. After the division of the employing unit into several units, if the units that undertake labor rights and obligations are not clear, all the units after the division are parties. Article 11 If an employer employs workers whose labor contracts have not been terminated, the new employer may be listed as a third party in the labor dispute between the original employer and the workers. If the original employer brings a lawsuit to the people's court on the grounds of infringement by the new employer, the laborer may be listed as a third person. If the original employer brings a lawsuit to the people's court on the grounds that the new employer and the employee are the same tort, the new employer and the employee are listed as the same defendant. Twelfth workers and the employer, the contractor or the employer and other equal subjects in the process of contract management labor disputes, bring a lawsuit to the people's court according to law, the contractor and the employer shall be regarded as the parties. Article 13 The employer shall bear the burden of proof for labor disputes caused by decisions made by the employer, such as dismissal, expulsion, dismissal, dissolution of labor contracts, reduction of labor remuneration, and calculation of the working years of workers. Article 14 After a labor contract is confirmed to be invalid, the employing unit can generally pay the laborer's remuneration with reference to the salary standard of the same period, the same type of work and the same post. According to the provisions of Article 97 of the Labor Law, if an invalid contract is concluded due to the employer's reasons, which causes damage to the laborer, the payment standard of economic compensation for violating and canceling the labor contract shall be applied mutatis mutandis to compensate the laborer for the economic losses caused by the invalid contract. Article 15 In any of the following circumstances, if the employing unit forces the employee to terminate the labor contract, it shall pay the employee labor remuneration and economic compensation, and may also pay compensation: (1) Force the employee to work by means of violence, threat or illegal restriction of personal freedom; (2) Failing to pay labor remuneration or provide working conditions as agreed in the labor contract; (3) Deducting or delaying the wages of workers without reason; (4) Refusing to pay overtime wages to laborers; (five) pay the wages of workers below the local minimum wage standard. Sixteenth after the expiration of the labor contract, the laborer still works in the original employer, and if the original employer does not raise any objection, it is deemed that both parties agree to continue to perform the labor contract under the original conditions. If one party proposes to terminate the labor relationship, the people's court shall support it. According to the provisions of Article 20 of the Labor Law, if the employing unit should sign an open-ended labor contract with the employee but fails to sign it, the people's court may consider that there is an open-ended labor contract relationship between the two parties, and determine the rights and obligations of both parties with the original labor contract. Article 17 After the labor dispute arbitration commission has made an arbitration award, if the parties concerned refuse to accept some of the matters in the award and bring a lawsuit to the people's court according to law, the labor dispute arbitration award will not have legal effect. Article 18 After the Labor Dispute Arbitration Commission has made an arbitration award on the labor disputes of a number of laborers, if some laborers refuse to accept the arbitration award and bring a lawsuit to the people's court according to law, the arbitration award shall have no legal effect on the laborers who brought the lawsuit; Some workers who have not filed a lawsuit have legal effect. The people's court shall accept the application for execution. Article 19 The rules and regulations formulated by the employing unit through democratic procedures in accordance with Article 4 of the Labor Law do not violate the laws, administrative regulations and policies of the state, and have been publicized to the workers, which can serve as the basis for the people's courts to hear labor dispute cases. Article 20 If the employing unit is wrong in dismissing, dismissing or dismissing employees, or if the labor contract is terminated for other reasons, the people's court may decide to terminate it according to law. The people's court may change the amount of compensation in cases of recovering labor remuneration, pensions, medical expenses, industrial injury insurance benefits, economic compensation, training fees and other related expenses. Article 21 If a party applies to a people's court for enforcement of an award or conciliation statement that has become legally effective by a labor dispute arbitration institution, and the respondent provides evidence to prove that the award or conciliation statement of labor dispute arbitration has one of the following circumstances, and it has been examined and verified, the people's court may decide not to enforce it according to the provisions of Article 217 of the Civil Procedure Law: (1) The matters decided are not within the scope of labor dispute arbitration, or the labor dispute arbitration institution has no right to arbitrate; (two) the application of the law is indeed wrong; (3) When an arbitrator arbitrates a case, he practices favoritism and perverts the law; (four) the people's court finds that the execution of the arbitration award of labor dispute is contrary to the public interest. In the written decision not to execute, the people's court shall inform the parties that they can bring a lawsuit to the people's court on the labor dispute within 30 days from the day after receiving the written decision.