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No.7 of Second Group of Model Cases regarding Guaranteeing People's Livelihood Issued by the Supreme People's Court: Liu Yongquan and Other Ten Persons v. Xing'an Electric Power Bureau of East Inner Mongolia Electric Power Co., Ltd. (case of dispute over labor)
最高人民法院公布保障民生第二批典型案例之七:刘永泉等十一人与内蒙古东部电力有限公司兴安电业局劳动争议案
【法宝引证码】

No.7 of Second Group of Model Cases regarding Guaranteeing People's Livelihood Issued by the Supreme People's Court: Liu Yongquan and Other Ten Persons v. Xing'an Electric Power Bureau of East Inner Mongolia Electric Power Co., Ltd. (case of dispute over labor)
(case of dispute over labor)
最高人民法院公布保障民生第二批典型案例之七:刘永泉等十一人与内蒙古东部电力有限公司兴安电业局劳动争议案
[核心术语]
劳动关系;工资约定;离岗退休协议
[争议焦点]
1.国有企业在劳动用工制度改革过程中,与职工签订离岗退休协议并对工资待遇做了具体承诺的,在因工资事宜发生纠纷时,是否属于劳动争议,法院应否受理?
[案例要旨]
上世纪九十年代初在国有企业改革过程中按照政策要求有大量国企员工提前退休和离岗使国有企业减轻负担、增加活力为企业的发展作出了奉献和牺牲。虽然离岗退休协议不同于一般的劳动合同...
No.7 of Second Group of Model Cases regarding Guaranteeing People's Livelihood Issued by the Supreme People's Court: Liu Yongquan and Other Ten Persons v. Xing'an Electric Power Bureau of East Inner Mongolia Electric Power Co., Ltd. (case of dispute over labor) 

最高人民法院公布保障民生第二批典型案例之七:刘永泉等十一人与内蒙古东部电力有限公司兴安电业局劳动争议案

1. Basic Facts 基本案情
In 1993, the State Council formulated the Regulations on the Placement of Surplus Staff Members of Stated-owned Enterprises. Since then, state-owned enterprises initiated to place surplus staff members. From 2000 to 2003, the Xing'an Electric Power Bureau entered into an Agreement of Retirement Ahead of Schedule with Liu Yongquan and other ten staff members and they agreed on that: after having gone through formalities for retirement ahead of schedule, such staff members may not return to their jobs. As enrolled staff members, they were granted living expenses by the employer; during the period of retirement ahead of schedule, the floating wages and bonuses were cancelled. Except for general increase in wages and benefits, such staff members no longer enjoyed other wage increase policies and they enjoyed benefits at 50%; the staff members enjoyed such benefits as pension, health care, housing, and unemployment as enrolled staff members of the employer. With the length of service computed continuously, they would go through formalities for formal retirement when they reached the statutory retirement age. 1993年国务院制定《国有企业富余职工安置规定》,国有企业开始安置富余职工。2000年至2003年间,兴安电业局与刘永泉等十一名职工签订了《离岗退养协议》,约定:职工办理离岗退养手续后不得再回工作岗位,属于在册职工,单位发给生活费;离岗退养期间,浮动工资、奖金取消,除享受普调性工资待遇外,不再享受其他增资项目的工资政策,福利按50%执行;养老、医疗、住房、失业等待遇按所在单位的在册职工对待,工龄连续计算,达到法定退休年龄办理正式退休手续。
After the restructuring, the Xing'an Electric Power Bureau got out of its dilemma. It adjusted the structure and increased the amount of wages for on-duty staff members. Liu Yongquan and other ten persons held that they should enjoy the general increase in wages and benefits for on-duty staff members of the employer in accordance with the Agreement on Retirement Ahead of Schedule. Since the structure of wages has changed, the increased wages of on-duty staff members should be deemed as general increase in wages and benefits. Therefore, they filed a lawsuit with a people's court and requested the people's court to order the Xing'an Electric Power Bureau to repay them year-end wages, performance-related wages, post performance-related wages, post base wages, post differential wages, and post wages, 601,500 yuan in total. 兴安电业局改制后走出困境,对在岗职工的工资调整了结构、提高了数额。刘永泉等十一人认为他们应当按照离岗退养协议的约定,即享受该单位在岗职工的普调性工资待遇,由于工资结构等已经变化,因此在岗职工增长的工资均应视为普调性工资待遇,遂向人民法院提起诉讼,请求判令兴安电业局补发年功工资、效益工资、岗位效益工资、岗位基数工资、岗位级差工资、岗位工资,共计601500元。
2. Judgment 裁判结果
After the hearings of first instance and second instance and two retrials, the Higher People's Court of Inner Mongolia held that the disputes between both parties concerned should be resolved by the relevant departments in accordance with the policy provisions on the restructuring of enterprises in an overall manner and this case was not a labor dispute case that should be accepted by a people's court. Therefore, the Higher People's Court of Inner Mongolia made a ruling to dismiss the lawsuit. The Supreme People's Procuratorate lodged a protest and the Supreme People's Court conducted a retrial. 本案经过一审、二审和两次再审,内蒙古高级人民法院认为双方当事人之间的纠纷应由有关部门按照企业改制的政策规定统筹解决,不属于人民法院应当受理的劳动争议案件,裁定驳回起诉。最高人民检察院抗诉,最高人民法院进行了再审。
In retrial, the Supreme People's Court held that this case involved disputes arisen in the institutional reform and labor employment reform of China's state-owned enterprises. The Regulations on the Placement of Surplus Staff Members of State-owned Enterprises issued by the State Council in 1993 have made principle provisions on the conditions and procedures for retirement ahead of schedule, and living expenses for purposes of not only revitalizing enterprises and improving enterprises' economic benefits through reform, but properly placing surplus staff members of state-owned enterprises and guaranteeing their basic living. The Agreement on Retirement Ahead of Schedule entered into between Liu Yongquan and other ten persons and the Xing'an Electric Power Bureau had the nature of implementing the aforesaid reform measures. In particular, in the Agreement on Retirement Ahead of Schedule, the Xing'an Electric Power Bureau has made specific commitment in terms of general increase in wages and benefits to such retired staff members, which reflected the consentaneous will reached between employees and the employer on wages and benefits. Such commitment was not contradictory with the provisions of Article 47 of the Labor Law of the People's Republic of China that “the employer shall legally fix its form of wage distribution and wage level on its own discretion according to the characteristics of its production and business operations and economic efficiency” and it covered labor relations. Therefore, the disputes in this case were labor disputes and the people's court should accept this case. Among claims of the parties concerned, the post performance-related wages of 99,840 yuan were bonuses in nature and should not be enjoyed by such staff members in accordance with the Agreement on Retirement Ahead of Schedule; other claims should be deemed as general increase in internal wages and should be supported. Therefore, the Supreme People's Court ordered the Xing'an Electric Power Bureau to repay Liu Yongquan and other ten persons wages of 501,660 yuan. 最高人民法院再审认为,本案是在我国国有企业制度改革和劳动用工制度改革过程中出现的纠纷,1993年国务院颁布《国有企业富余职工安置规定》,对于离岗退养的条件、程序、生活费等内容做出了原则规定,目的在于既要通过改革增强企业活力,提高企业经济效益;又要妥善安置国有企业富余职工,保障其基本生活。刘永泉等十一人与兴安电业局签订离岗退养协议,具有落实上述改革措施的性质。特别是兴安电业局又在离岗退养协议中做出了离岗退养人员享受普调性工资待遇等方面的具体承诺,体现了劳动者与用人单位之间的在工资待遇方面达成的一致意思表示,与《中华人民共和国劳动法》第四十七条规定的“用人单位根据本单位的生产经营特点和经济效益,依法自主确定本单位的工资分配方式和工资水平”并不矛盾,含有劳动关系的内容,本案纠纷属于劳动争议,人民法院应当受理。当事人诉讼请求中,除岗位效益工资99840元属于奖金性质,按照离岗退养协议的约定不应享受外,其余均应视为系统内工资的普调,应予支持,故判决兴安电业局向刘永泉等十一人补发工资501660元。
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