Report On Abuse Of Employers’ Litigation Rights In The Labor Dispute

The amount of labor dispute cases kept staying at a high level in recent years with the establishment of Labor Contract Law and Mediation and Arbitration Law. Such blowout of the labor dispute cases make the scholars, practitioners trying to analyze the reason. However, the judges pointed out that laborers abuse the litigation rights by taking advantage of the preferential protection of Labor Law, resulting in the blowout amount of labor dispute cases and the colossal workload of courts and arbitration committees. But when I was working for Nanjing University labor law assistance projects, I realized that laborers face such problems when they acclaim for entitled rights,the employer do not perform corresponding obligations after the laborer’s victory of arbitration, and even starting the first or second instance procedures with no possibility to win over the case, in a bid to stall for time. The original intention of this paper is to reveal that whether workers abuse the litigation rights or employers. In order to reveal problems, I choose Nanjing University labor law assistance project in Kunshan workstation as a platform, and Closing date of June30,2009to October2011,31, cases for the study (A total of181cases, of which106arbitration cases,52cases of first instance,23cases of second instance).Analysis five points:Causes of labor disputes, an appeal against an arbitral award against the proportion of dissatisfied with the proportion of first-instance judgment appeal, the results of judge, type of labor dispute,to extract the relevant factors to determine abuse of litigation. Concluded that employer’s abuse of litigation right was more serious and should be regulated at the institutional level, and work-related injury cases become the hardest hit of corporate abuse complaint. For this phenomenon, I try to find the reason, the reasons of employers’abuse of litigation right is not only because employers lack the social responsibility to employees, but also because the defects of current labor law system. So we must improve the labor law system.The main structure of this paper is divided into the following three parts:The first part is the performance of employers’ abuse of litigation right. The main contents conclude the analysis of the181cases to reveal problems:From the labor dispute occurred, the majority of serious labor relations in enterprises management is not standardized, there are acts in violation of labor law. Appeals from magistrates’ cases, the prosecution rate and the rate of appeal is significantly higher than that of workers, employers are more interested in filing a lawsuit and bringing the case to a higher trail level. From the type of dispute, in the Work-related injuries cases, the prosecution rate and the rate of appeal is significantly higher than that of workers. When analyze further, by defining the standard of abuses of litigation rights, such as the adequacy of evidences submitted by laborers, whether the dispute undergoing repeated trails, whether employers submit new evidences, whether the case is highly controversial or whether the final judgment is broadly consistent with the original trail, cases filed by enterprises are found more likely to abuse the litigation rights after sample cases analysis, and Work-related injuries cases are more severe than others according to dispute type.The second part analyzes the reasons of employers’ abuse of litigation right. Subjectively, the reasons including the revenge sentiments arisen by the intensification of conflicts, to reduce loss by improving trial levels and introduce mediation, lack of decent social responsibility to employees, and so on; Objectively, defects of current labor law system are responsible for this:for example, the employers take greater responsibility in the original Regulation on Work-related Injuries Insurance. Procedural law also owns many of the defects such as excessive labor dispute handling system links, the lack of authority of arbitration bodies, the intense relationship between trails and arbitration, or the low litigation cost as well as the omission of compensation system in legal rights abuse cases, the Arbitration Award Should Be Final and Binding system turning out to be a bare outline, and the arbitration committee and court refer to different terms or legal explanation. The third part is a proposal. We must improve labor dispute settlement system in order to curb employers’abuse of litigation rights. Firstly, a multi level, professional mediation organizations should be established. Compulsory arbitration should be into the judicial system, established the only trial system. Secondly, introduce the compensation system of litigation rights abuse actions and make rational use of mediation systems. Finally, we must improve the work-related injuries legal system.