The people's courts should regard the construction of harmonious labor relations, which is strongly repercussed by enterprises and eagerly promoted by workers, as one of the key and difficult issues related to high-quality economic and social development, continue to solve difficult problems, persist in active justice, strengthen investigation and research, and promote the deepening and practical implementation of thematic education.
At present, the second batch of Xi to implement the theme education of socialism with Chinese characteristics in the new era is being carried out in depth. In accordance with the general requirements of the theme education of "learning ideas, strengthening party spirit, emphasizing practice, and making new contributions", the people's courts should regard the construction of harmonious labor relations, which is strongly repercussed by enterprises and eagerly promoted by workers, as one of the key and difficult issues related to high-quality economic and social development, continue to solve tough problems, persist in activating the judiciary, strengthen investigation and research, accelerate the transformation and application of achievements, and do a thorough and practical job to serve the overall situation and the people's justice, and promote the theme education to be in-depth and practical.
It is necessary to strengthen ideological understanding. Labor relations are an important part of production relations and one of the most basic and important social relations. Protecting the legitimate rights and interests of workers and employers in accordance with the law and building harmonious labor relations is not only related to the overall situation of creating a law-based business environment and stabilizing high-quality economic and social development in the jurisdiction, but also an important part of strengthening and innovating comprehensive social governance, and is an inevitable requirement for consolidating the party's ruling foundation and consolidating the party's ruling positionIt is necessary to inherit and carry forward the "Fengqiao experience" in the new era, closely rely on the leadership of the party committee, fully cooperate with the best departments and social forces, mobilize the positive factors of all parties, and comprehensively use legal, administrative, policy and other means to prevent and resolve all kinds of labor disputes, solve problems on the spot, and avoid the expansion and spread of contradictions. Adhere to the concept of "win-win, multi-win, and win-win" and the principle of two-way protection, while protecting the rights and interests of workers, balance the interests of both parties, do a good job of explaining the law and reasoning and guiding the case in the trial, scientifically allocate the burden of proof, avoid intensifying the conflict between the employer and the worker, and strive for harmony and win-win results. Persist in giving play to the guiding role of individual case adjudication, improve the concept, technology, ability and level of judicial adjudication of labor-related cases, and in the process of adjudication and argumentation of evidence analysis, application of law, case characterization, and responsibility bearing, integrate with legal principles, move with emotion, and understand the law, carry forward the core socialist values, and promote employers and workers to jointly establish the concept of valuing peace, shaking hands and making peace, discarding past suspicions, and seeking common development.
Litigation services should be strengthened. Efforts should be made to strengthen the professionalization and standardization of the trial of labor dispute cases, and build specialized trial teams. Through standardized operations and process-based processing, the scale of case adjudication is unified, and the quality and efficiency of adjudication are improved. Strengthen the separation of complicated and simple cases, simplify litigation procedures, improve the efficiency of handling simple cases where the facts are clear and the demands are single, and speed up the progress of trials. For cases where there are large contradictions and conflicts, difficult and complex, and new types of cases, strengthen communication and exchanges with the higher courts, give full play to the role of professional judges' meetings and adjudication committees, increase the force of combining mediation and judgment, and ensure the quality of case trials. Open up green channels, and implement fast filing, trial, conclusion, and enforcement of workers' rights protection cases, so as to effectively reduce the burden of laborers' litigation. Set up an oral complaint filing window to provide oral litigation, litigation counseling, case filing and registration services for workers who have practical difficulties in participating in litigation, so as to protect litigation rights. Promote the normalization of online litigation activities, and guide the parties to save litigation costs through the Internet and mediation in labor dispute cases where the two parties have little dispute. Relying on the judges' legal service points set up in industry associations, they regularly carry out roving trials in industrial parks with a high concentration of workers, attracting the majority of workers to observe and make fairness and justice more real and palpable. In response to the problem that some workers have a low level of education, we provide personalized legal guidance throughout the litigation process, and carry out supporting litigation services such as risk warning, rights notification, cross-examination guidance, mediation and evidence collection, and legal interpretation. If an enterprise is in arrears or fails to pay labor remuneration in full, it shall issue a payment order in a timely manner according to the application of the employee. Increase the extent of judicial assistance, and reduce or reduce litigation fees or issue judicial aid funds to workers who have real difficulties in recovering labor remuneration and work-related injury insurance benefits.
It is necessary to strengthen the building of systems. Consciously take mediation as a necessary procedure for hearing labor dispute cases, put the non-litigation dispute resolution mechanism in the forefront, sign contracts with trade unions, human resources and social security departments, enterprise mediation organizations, and industry mediation organizations to jointly build a non-linkage mechanism for litigation, and guide mediators to carry out case filing and mediation, entrust mediation, assist in mediation, etc., and promote the conclusion of cases. Establish and complete mechanisms for mediators to be stationed in court, appointing mediators who are familiar with social conditions and public opinion and have the advantage of a mass base to mediate disputes in people's courtrooms in areas where labor-intensive enterprises gather. In response to the problem of "black intermediaries" making profits under the banner of defending the rights of workers, we have improved the liaison mechanism with the parties to the case in handling the case, cut off the chain of control of the "black intermediaries", and required the parties to the labor dispute case to appear in court to participate in the litigation, and the relevant compensation money was directly remitted to the employee's own account. Pay attention to the use of the judicial confirmation system, and promptly carry out judicial confirmation of mediation agreements reached by trade unions, people's mediation organizations, and enterprise mediation organizations in handling labor dispute cases, and give them legal enforceability. Establish a feedback and notification system for the non-confirmation of the validity of arbitral awards, and promptly give feedback and make suggestions if the notices, decisions, awards, etc., made by labor arbitration institutions are found to be in violation of legal provisions or inconsistent with the facts, and are not accepted. Explore the implementation of the system of hanging point judges in key or leading enterprises in the jurisdiction, urge enterprises to take the road of governing enterprises in accordance with the law and governing enterprises scientifically, promptly revise employment management systems that do not conform to current laws, regulations, or policies, change post-event corrections to prior assessments, and change post-event rights protection to prior reminders, so as to avoid enterprises from increasing labor costs due to illegal employment, and make every effort to protect the lawful rights and interests of both workers and enterprises.
It is necessary to strengthen the linkage of departments. To build harmonious labor relations, the courts alone cannot do it alone. It is necessary to improve the cross-departmental risk early warning mechanism for labor disputes, focus on important time nodes, highlight key groups such as migrant workers, labor dispatch, and new forms of employment, strengthen monitoring and early warning, establish risk ledgers, implement early warning information sharing among departments, scientifically classify risk levels, and formulate and implement response plans. Promote the establishment of a coordination body for handling labor disputes based on party committees and **, relying on courts, human resources and social security bureaus, and federations of trade unions, and provide labor and personnel dispute mediation and contradiction and dispute investigation through the allocation of professional staff and the purchase of services. Encourage and guide service organizations, lawyers, experts and scholars and other social forces to participate in mediation work in an orderly manner, and carry out appointed, entrusted, and assisted mediation of mass labor disputes that may affect the overall situation of stable economic and social development, to ensure that all entities work together and cooperate closely to form a joint force for resolving labor disputes. The joint labor inspection department conducts a pre-review of labor non-litigation enforcement cases, discovers problems in a timely manner, and makes suggestions to avoid secondary conflicts. Cooperate with human resources and social security and other departments to set up a special service line for laborers, guide laborers to reduce the cost of protecting their rights, and eradicate the survival soil of "black intermediaries". Integrate the information of the parties to labor dispute cases, establish a database of employment integrity, and provide reference for employers to recruit and employ workers for long-term illegal employment and frequent "porcelain" workers.
It is necessary to strengthen the extension of justice. To prevent and resolve all kinds of labor disputes at the source and build harmonious labor relations, it is necessary to create a strong social atmosphere of lawful and harmonious employment. Summarize the practical experience of adjudication, and issue judicial recommendations to relevant functional departments on the problems existing in the enterprise's employment management. Invite the person in charge of the enterprise, the representative of the workers, the deputies of the National People's Congress, the members of the Chinese People's Political Consultative Conference, and the personnel of the trade union and labor arbitration institutions to discuss harmonious labor relations and discuss opinions and suggestions. Organize judges to go deep into factories to carry out lectures on the rule of law, popularize knowledge of labor laws and regulations, explain the law and analyze reasoning with cases, and scientifically guide workers to rationally protect their rights. Regularly hold symposiums with human resources and social security departments, invite enterprise representatives to participate, analyze the situation of labor dispute cases, answer the legal issues that enterprise representatives are concerned about, and organize outstanding enterprise leaders to share employment management experience and promote legal employment of enterprises. Relying on the mass media and the court's self-leading platform, publicize knowledge such as labor laws, regulations and policies, and safety production regulations in the form of the highest level, timely release the dynamics of workers' rights protection, and analyze typical cases. Increase the frequency of labor dispute cases, scientifically guide both workers and employers to correctly exercise their rights and perform their obligations in accordance with the law, realize the effect of "hearing one case, educating one", and promote the formation and consolidation of the rule of law thinking and legal environment in which the whole society handles matters in accordance with the law, finds the law when encountering problems, solves problems and uses the law, and resolves conflicts by relying on the law.
*: People's Court Daily.
Author: Lin Yan (Author's Affiliation: Changle District People's Court, Fuzhou, Fujian Province).