Research Report On The Trial Of Chongqing No.2 Intermediate People’s Court On Labor Disputes Cases

Labor dispute cases account for high proportion in the civil cases, featured by a large number people involved, complex legal relations, diversified disputes, collective trends, and the rate of appeal and occurrence staying at a high level, thus any careless handling will trigger social conflicts. How to properly solve these disputes has become the problem required to be solved by the court at present. Based on the labor dispute cases tried by Chongqing No. 2 Intermediate People’s Court and the people’s courts in its jurisdiction from 2009 to 2014 and through the systematic analysis on judicial statistics of labor dispute cases and visiting the judges handling such cases, this paper further explores main characteristics of labor dispute cases since the implementation of the Labor Contract Law and analyzes the cognizance of the relation of labor, social insurance treatment compensation and other difficult problems in the judicial practice in combination with typical cases. This paper proposes that there are form and real standard for the cognizance of the labor relations, in which a written labor contract belongs to form standard, while the employment has the substance standard; the judgment of employment needs to have a combination of four elements: the subject eligibility; consensus; payment for labor and acceptance behavior and subordination of person or property; the people’s court shall take the model of limited accumulation and restriction on the repeated compensation items to handle the concurrence between industrial injury insurance liability and tort liability, and meanwhile incorporate the lost income, caring fees, transportation fees, hospital food subsidies and other property damage compensation as well as medical treatment into the designing of subrogation; as for the issue whether the court will accept the case in which the failure of the employing unit to pay full social insurance premiums result in the decrease of social insurance benefits of the laborer, the author proposes that the social security department and payee belong to an administrative legal relation of management and being managed and it is advisable to be handled by the social insurance department. Finally, the author thinks about the issue from the macro level and proposes the urgent need to improve the labor legal system, establish the specialized trial organization, construct the diversified labor dispute settlement system, intensify the administrative supervision and management and other suggestions, hoping to be somewhat conducive to the proper settlement of labor dispute cases.