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【New labor incident system】The new system establishes a professional, expeditious, labor-friendly and easy to use, dispute resolution process to achieve substantive fairness in adjudication and effective relief of rights

The Labor Incident Act, which went into effect on January 1, 2020, establishes a dispute resolution process that meets the specific needs of labor incidents and achieves substantive fairness in adjudication and effective relief of rights, through the following five distinctive systems:


▍1.Professional trial


It is clearly stipulated that courts of all levels shall set up the specialized professional labor court to deal with labor cases, and expand the scope of labor cases to cover disputes between cooperative education students and their partner institutions, and between job seekers and recruiters.


▍2.Strengthening the parties' access to independent and speedy resolution of disputes


Special labor mediation procedures are established, in which one judge and two labor mediators form a labor mediation committee to conduct mediations, and thus promote the independent and consensual dispute resolution between two parties. It also stipulates that, in principle, before an action is initiated, the court should first conduct labor mediation procedures, and if the mediation fails, the same judge should continue on in the litigation proceedings, to enhance the efficiency of such dispute resolutions.


▍3.Reducing obstacles to labor litigation and facilitating workers' access to remedies


Adopting the principle of labor-friendly jurisdiction, reducing the burden of procedural costs on workers, strengthening litigation aid for workers, and allowing labor unions to help conduct litigation, so as to reasonably lower the threshold of labor lawsuits and reduce the obstacles for workers to participate in litigation, thus promoting substantive fairness in adjudication.


▍4.Promoting Judiciary Proceedings and Effectiveness


It is a substantive system that explicitly stipulates the improvements of trial efficiency and strengthens labor dispute resolutions, including: both the courts and the parties have the obligation to procedure development; the procedures shall be terminated within a set period of time; the doctrine of debate and the rules of evidence shall be appropriately adjusted; workers shall not be bound by standard form evidence contracts that are obviously unfair; the scope of the courts to declare provisional execution ex officio is expanded when workers' lawsuits prevail; and an alternative compensation system, based on workers' claims, is established. In addition, the Act stipulates the lawsuits for intermediate recognition of common disputes, a joinder petition system by way of public announcement, and initiating non-action lawsuits by labor unions, so that large-scale labor disputes can be resolved uniformly.


▍5.Immediate and effective rights preservation


It alleviates the clarification obligation and the responsibility of providing guarantees when workers file a motion for provisional remedies, so as to fulfill the requirement for preservation of workers' rights.


For further details, please refer to the Labor Affairs section.

  • Release Date : 2018-12-05
  • Update : 2021-07-09
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