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| Announcement of the Supreme People's Court | | 最高人民法院公告 |
The Interpretation of the Supreme People's Court on Several Issues about the Application of Laws for the Trial of Labor Dispute Cases, which has been adopted at the 1165th meeting of the Judicial Committee of the Supreme People's Court on March 22, 2001, is hereby promulgated and shall come into force as of April 30, 2001. | |
《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》已于２００１年３月２２日由最高人民法院审判委员会第１１６５次会议通过。现予公布，自２００１年４月３０日起施行。 |
April 16, 2001 | |
２００１年４月１６日 |
Interpretation of the Supreme People's Court on Several Issues about the Application of Laws for the Trial of Labor Dispute Cases | |
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 |
(Adopted at the 1165th meeting of the Judicial Committee of the Supreme People's Court Judicial Interpretation No.14[2001]) | |
（２００１年３月２２日最高人民法院审判委员会第１１６５次会议通过 法释〔２００１〕１４号） |
In order to correctly try labor dispute cases, an 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 relevant laws: | |
为正确审理劳动争议案件，根据《中华人民共和国劳动法》（以下简称《劳动法》，和《中华人民共和国民事诉讼法》（以下简称《民事诉讼法》）等相关法律之规定，就适用法律的若干问题，作如下解释。 |
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| 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 accept the lawsuit: | | 第一条 劳动者与用人单位之间发生的下列纠纷，属于《劳动法》第二条规定的劳动争议，当事人不服劳动争议仲裁委员会作出的裁决，依法向人民法院起诉的，人民法院应当受理： |
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| 1. a dispute arising between a worker and his employer during the process of performing the labor contract; | | （一）劳动者与用人单位在履行劳动合同过程中发生的纠纷； |
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| 2. a dispute arising where a worker and his employer have not concluded a written labor contract but have formed a labor relationship; or | | （二）劳动者与用人单位之间没有订立书面劳动合同，但已形成劳动关系后发生的纠纷； |
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| 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. | | （三）劳动者退休后，与尚未参加社会保险统筹的原用人单位因追索养老金、医疗费、工伤保险待遇和其他社会保险费而发生的纠纷。 |
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| 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 lodges a lawsuit with the people's court, the people's court shall handle the lawsuit in light of the following circumstances: | | 第二条 劳动争议仲裁委员会以当事人申请仲裁的事项不属于劳动争议为由，作出不予受理的书面裁决、决定或者通知，当事人不服，依法向人民法院起诉的，人民法院应当分别情况予以处理： |
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| 1. In case the lawsuit is a labor dispute case, it shall be accepted; and | | （一）属于劳动争议案件的，应当受理； |
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| 2. In case 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. | | （二）虽不属于劳动争议案件，但属于人民法院主管的其他案件，应当依法受理。 |
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| 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 satisfied and lodges a lawsuit with the people's court, the people's court shall accept the lawsuit; and if the lawsuit is lodged after the time limit for applying for arbitration, and there is no force majeure or any other justifiable cause, the people's court shall reject the claims. | | 第三条 劳动争议仲裁委员会根据《劳动法》第八十二条之规定，以当事人的仲裁申请超过六十日期限为由，作出不予受理的书面裁决、决定或者通知，当事人不服，依法向人民法院起诉的，人民法院应当受理；对确已超过仲裁申请期限，又无不可抗力或者其他正当理由的，依法驳回其诉讼请求。 |
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| Article 4 Where the labor dispute arbitration commission delivers a written award, decision or notice of refusal for the reason that the subject applying for arbitration is improper, if either party involved is not satisfied and lodges a lawsuit with the people's court, and the subject is really improper upon examination, the people's court shall deliver a ruling of refusal or reject the lawsuit. | | 第四条 劳动争议仲裁委员会以申请仲裁的主体不适格为由，作出不予受理的书面裁决、决定或者通知，当事人不服，依法向人民法院起诉的，经审查，确属主体不适格的，裁定不予受理或者驳回起诉。 |
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Article 5 Where the labor dispute arbitration commission delivers a new award in order to correct an error in the original arbitration award, if either party involved is not satisfied and lodges a lawsuit with the people's court, the people's court shall accept the lawsuit.
．．．．．． | | 第五条 劳动争议仲裁委员会为纠正原仲裁裁决错误重新作出裁决，当事人不服，依法向人民法院起诉的，人民法院应当受理。
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