Recently, the Ministry of Human Resources and Social Security, the Supreme People's Court, the Ministry of Justice, the All-China Federation of Trade Unions, the All-China Federation of Industry and Commerce, and the China Enterprise Confederation jointly issued the Notice on Strengthening One-stop Mediation of Labor Disputes in New Employment Forms (Human Resources and Social Security Office Fa 2024 No. 4, hereinafter referred to as the "Notice"). The person in charge of the Mediation and Arbitration Management Department of the Ministry of Human Resources and Social Security answered questions from reporters on issues related to the Notice.
Q:Could you please introduce the background and significance of the Notice on Strengthening the One-stop Mediation of Labor Disputes in New Employment Forms jointly issued by the six departments?
A
The report of the 20th National Congress of the Communist Party of China and the "Opinions of the Communist Party of China on Promoting the Development and Growth of the Private Economy" have put forward clear requirements for the protection of the rights and interests of workers in new forms of employment.
In recent years, more and more workers have relied on Internet platforms to obtain employment opportunities, and the role of new forms of employment as "reservoirs" and "stabilizers" has become increasingly apparent. However, on the other hand, it is difficult for workers in the new employment form to protect their rights, it is difficult to investigate and collect evidence for such labor disputes, it is difficult to determine facts, and imperfect laws and policies are prominent.
In recent years, the human resources and social security departments in some regions have taken the initiative to innovate and explore, and have created a number of pragmatic and effective experience and practices in strengthening coordination and linkage with relevant departments, establishing working mechanisms, and carrying out joint mediation. For example, the Human Resources and Social Security Bureau of Mianyang City, Sichuan Province, together with relevant departments, has established a joint mediation center for the protection of the rights and interests of workers in new forms of employment, cultivated and established a team of professional mediators, and implemented smart "cloud mediation" to break geographical restrictions, so that labor disputes in new forms of employment can be accepted only once and handled in one place. The Center for the Protection of the Rights and Interests of Workers in New Employment Forms, Liwan District, Guangzhou City, Guangdong Province, adheres to the guidance of party building, and has established 34 regional functional party committees and 20 mobile party branches for food delivery riders, building a bridge between party committees and workers in new employment forms; Strengthen governance at the source, open up the three channels of streets, departments, and enterprises, establish a joint meeting system, and clarify the content and working mechanism of key safeguards; Intensify services to achieve the organic integration of mediation and arbitration and administrative coordination, labor rights protection and employment assistance, and employment promotion and stable enterprises.
The issuance of the "Notice" is a way for the human resources and social security departments to conscientiously practice the "Fengqiao experience" in the new era, adhere to the non-litigation dispute resolution mechanism in the forefront, based on prevention, mediation, the rule of law, and the grassroots, and further give full play to the front-end and basic advantages of negotiation and mediation, and properly safeguard the legitimate rights and interests of workers in the new employment form in a timely and timely manner through flexible methods, so as to standardize the healthy and sustainable development of the service platform economy, and promote the development and growth of the private economy.
Q:What is the goal of one-stop mediation of labor disputes in new forms of employment? What are the considerations for the work model?
A
Compared with traditional labor relations, the new form of employment is more likely to be mixed with civil rights and interests and labor security rights and interests, and it is difficult to distinguish them. In the event of a dispute, it is often difficult for workers to find out which company they work for, what rights and interests they should enjoy, and which institutions they should go to to defend their rights. In this regard, in accordance with the requirements of "doing one thing efficiently", we adhere to the concept of policy integration and collaborative linkage, integrate the superior resources of mediation, gather the strength of multiple departments, and strive to carry out one-stop mediation of labor disputes in new forms of employment, so as to effectively solve the problem of no way for workers in new forms of employment to complain, solve both the "legal knot" and the "heart knot", and realize the conclusion of the case.
Specific to the work model, the "Notice" makes it clear that the human resources and social security departments, people's courts, judicial administrative departments, trade unions, federations of industry and commerce, enterprise federations and other units in areas where the platform economy is active and there are many labor disputes in new employment forms should strengthen cooperation, give full play to the advantages of labor dispute mediation, people's mediation and judicial mediation, actively explore and create a work pattern of "human resources and social security leading, departmental coordination, and industry participation", and build a one-stop and multi-faceted joint mediation work model for labor disputes in new employment formsA one-stop mediation center may be established if conditions permit, if conditions permit, to add joint mediation functions to the mediation center of the labor and personnel dispute arbitration court or in relevant mediation organizations, do a good job in all kinds of mediation and linkage work, and work together to resolve labor disputes in new forms of employment.
Q:How to carry out one-stop mediation of labor disputes in new forms of employment?
A
Scope of acceptanceAccording to the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, the Civil Procedure Law of the People's Republic of China, and the Guiding Opinions on Safeguarding the Labor Protection Rights and Interests of Workers in New Employment Forms (Ministry of Human Resources and Social Security No. 56 of 2021), a one-stop mediation center or a mediation organization that carries out joint mediation work can accept itApplication for mediation between workers in new forms of employment and platform enterprises and employment cooperative enterprises due to labor disputes such as labor remuneration, rewards and punishments, rest, occupational injuries, etcIn accordance with laws, regulations, policies and the facts of the dispute, and in accordance with the principles of equality, voluntariness, legality, fairness and timeliness, we will help the parties voluntarily reach a mediation agreement on the basis of mutual understanding and mutual accommodation, and promote the substantive resolution of conflicts and disputes.
Aspects of the mediation processReceived an application for on-site mediationThe one-stop mediation center or the mediation organization carrying out joint mediation work shall guide the applicant to write down the basic circumstances, the matters requested, and the factual reasons and sign for confirmation; Received an application for mediation through the Internet and other channelsThe one-stop mediation center or the mediation organization carrying out joint mediation work shall promptly review whether the content of the application and materials are clear and complete, and inform the parties. Where it is within the scope of acceptance and both parties agree to mediation, the mediation organization shall complete the acceptance as soon as possible. Where it is not within the scope of acceptance or one of the parties does not agree to mediation, the mediation organization shall make a record and notify the applicant orally or in writing. One-stop mediation of labor disputes in new forms of employment shall be providedIt will end within 15 days from the date of acceptance, but if the parties agree to the extension, it may be extendedThe extension period shall not exceed 15 days
**Mediation aspectThe "Notice" requires that the human resources and social security departments, people's courts, judicial administrative departments, trade unions, federations of industry and commerce, enterprise federations and other units should make full use of the existing mediation platform, do a good job in the "general to general" litigation and mediation docking of labor disputes, and carry out the whole process of mediation activities for labor disputes that meet the first mediation conditions, including the submission of mediation applications, voice mediation, judicial confirmation, legal consultation, etc., to provide high-quality, low-cost diversified dispute resolution services for workers in new employment forms.
Q:What are the guarantees for the results of one-stop mediation of labor disputes in new employment forms?
A
Where a mediation agreement is reached through mediation, the one-stop mediation center or the mediation organization carrying out joint mediation work shall draft a mediation agreement to promote the timely and complete performance of the mediation agreement by both parties. Where it is not possible to perform immediately and may apply for arbitration review or judicial confirmation in accordance with the provisions of law, the one-stop mediation center or the mediation organization carrying out joint mediation work shall guide the parties to submit an application in accordance with law.
For new employment forms of labor disputes that do not fall within the scope of joint mediation, where one party does not agree to mediation, or fails to successfully mediate, the one-stop mediation center or the mediation organization that carries out joint mediation work shall guide the parties to apply for arbitration to an arbitration institution with jurisdiction or file a lawsuit with the people's court in accordance with law.
Q:What specific measures will be taken to promote the implementation of the Circular?
A
The first is to clarify job responsibilities. The "Notice" makes it clear that the human resources and social security departments play a leading role, do a good job in organization and coordination, case handling guidance, etc., and provide assistance in negotiation, employment assistance and other services; People's courts are to set up people's courts' circuit trial sites (windows) as needed, and work with relevant departments to further smooth channels for connecting mediation, arbitration, litigation, and enforcement, and actively perform their legally-prescribed functions of guiding mediation; The judicial administrative departments are to do a good job of one-stop mediation work through methods such as stationing people's mediation studios in one-stop mediation centers, guiding and encouraging lawyers to participate in public interest legal services; Trade unions, federations of industry and commerce, and enterprise federations organize the selection of staff or recommend industry professionals to actively participate in one-stop mediation.
The second is to give play to the role of relevant departments. Actively strive for the support of functional departments such as transportation, emergency management, and market supervision and industry authorities, promote the standardization of enterprise business behavior, and do a good job in comprehensive supervision.
The third is to strengthen work guidance. Promote enterprises to implement their social responsibility for the resolution of labor disputes, establish labor dispute mediation committees in accordance with law, build a platform for communication and dialogue between workers and enterprises, strengthen compliance management, comply with relevant laws and policies and the principle of good faith in the employment process, actively cooperate in providing important information needed in the negotiation and mediation of labor disputes in new forms of employment, and truly do a good job in the prevention and resolution of labor disputes.
*: Ministry of Human Resources and Social Security***
end
Previous ReviewPull.
Congratulate! 20 new employment workers were honored on the honor roll.
Internet anchors and courier brothers come and watch! How to determine the labor relationship in the new form of employment? Two cases tell you.
Entrepreneurship, employment services, and new forms of employment ......*Premier Li Qiang talks about employment and entrepreneurship.