最高人民法院关于审理劳动争议案件适用法律若干问题的解释(一)(英文版)

Interpretation of the Supreme People's Court on Several Issues about the Application of Laws for the Trial of Labor Dispute Cases
 
Fa Shi [2001] No.14
 
April 30, 2001
 
In order to correctly try labor dispute cases, the interpretation on several issues about the application of laws is made as follows according to the Labor Law of the People's Republic of China (hereinafter referred to as the Labor Law), the Civil Litigation Law of the People's Republic of China (hereinafter referred to as the Civil Litigation Law) and other pertinent laws:
 
Article 1 Where any of the following disputes arising between a worker and his employer belongs to the labor disputes as prescribed in Article 2 of the Labor Law, if either party involved is not satisfied with the award rendered by the labor dispute arbitration commission and lodges a lawsuit with the people's court, the people's court shall handle the lawsuit according to the following circumstances:

1. A dispute arising between a worker and his employer during the process of performing the labor contract;

2. A dispute arising where a worker and his employer have not concluded a written labor contract but have formed a labor relationship; or

3. A dispute arising between a worker and his former employer, which has not participated in overall social insurance plan, from the recourse of retirement pension, medical expense, insurance indemnity for work-related injury or other social insurance premium after the worker has retired.
 
Article 2 Where the labor dispute arbitration commission delivers a written award, decision or notice of refusal for the reason that the matter for which the party involved applies for arbitration does not belong to labor disputes, if either party involved is not satisfied and appeals a lawsuit to the people's court, the people's court shall handle the lawsuit in light of the following situations:

1. If the lawsuit is a labor dispute case, it shall be accepted; and

2. If the lawsuit is not a labor dispute case, but belongs to other cases under the jurisdiction of the people's court, it shall be accepted according to law.
 
Article 3 Where the labor dispute arbitration commission delivers a written award, decision or notice of refusal according to Article 82 of the Labor Law for the reason that the arbitration application of the party involved was filed after the time limit of 60 days, if either party involved is not

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