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Clairvoyant " two laws " the change that sees labor dispute case
From;    Author:Stand originally

Enter 2008, the two law laws and regulations about labor dispute " labor contract law " reach " labor dispute mediates arbitral law " be promulgated early or late and carry out. In the meantime, increase sharply of amount of labor dispute case, case of new case new type is ceaseless emerge in large numbers, because law sets the lag sex of itself, people court is in a lot of difficulty and heat also produced in trying process of this kinds of case, oneself combine adjudgement practice, make following analysises.

   One, the improvement after two laws are carried out achievement is highlighted

Laborer and obtain employment unit produce controversy in labor process, often stem from weak force, the regulation of laws and regulations of our country active law, also be the have sth in mind of legitimate rights and interests from cogent protection laborer, promulgate in two laws carry out after reaching relevant provision to come on stage, alleviated greatly in adjudgement cannot the state that can depend on, basically reflect in the following respects.

1. Laborer mentions the deadline of labor dispute arbitration and lawsuit relaxes substantially

" labor law " the 82nd regulation: "Dispute of 60 days of indrawn labor since the day that the one party that raises arbitral requirement ought to produce in labor dispute arbitrates committee offers written application. " this is " labor law " the regulation about arbitral effectiveness for a given period of time, according to this, the arbitral effectiveness for a given period of time of labor dispute case is 60 days. Look from legislative original intention, " labor law " the legitimate rights and interests that stipulates 60 days of arbitral effectiveness for a given period of time are to protect worker in time really, but in judicatory practice, 60 days of arbitral effectiveness for a given period of time are objective go up to had become block up worker a door that thought fors the time being pits. It is 60 days of arbitral effectiveness for a given period of time too short. Two years with common and civil suit photograph of effectiveness for a given period of time is compared, cycle of 60 days of protection is short, protective strength is far insufficient. 2 it is 60 days of arbitral effectiveness for a given period of time are changeless during. Labor law does not have the break down of effectiveness for a given period of time, regulation that break, unless have force majeure or other warrant, exceed 60 days to be belonged to otherwise exceed arbitral effectiveness for a given period of time. 3 it is how labor law itself was limitted clearly " the day that labor dispute produces " . In practice, the dot calculates since the labor dispute effectiveness for a given period of time of different type each are not identical, impose law the regulation is ambiguous, laborer holds effectiveness for a given period of time correctly, in time very hard. Carry out from adjudgement for, because exceed,cause a lot of worker really spend effectiveness for a given period of time and make rights and interests cannot get ensuring.
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