On April 28, 2021, Hongkou District
People's Court of Shanghai (Hongkou Court) and Hongkou Labor and Personnel
Dispute Arbitration Court ("Hongkou Arbitration Court") jointly held
a press conference to release the White Paper of Hongkou District People's Court of Shanghai on the
Arbitration and Trials of Group Labor Dispute Cases (White Paper), brief on the arbitration and trials of group labor
dispute cases in Hongkou District from 2018 to 2020 and issue typical cases.
According to the briefing, Hongkou Court
has paid ongoing attention to labor dispute cases and is committed to building
harmonious and stable labor relationships, helping protect the rights and
interests of both employers and laborers, and promoting the substantive
resolution of labor disputes. Together with Hongkou Arbitration Court, it has
issued white papers on the arbitration and trials of labor dispute cases for
four consecutive years from 2018 to 2021, analyzed the causes and
characteristics of different types of labor dispute cases from the perspectives
of non-compete and group labor disputes respectively, disclosed the trial and
arbitration data, and released relevant cases, striving to provide powerful
judicial safeguards for optimizing the regional law-based business
environment.
According to the White Paper, a total of
1,741 labor dispute cases were accepted by Hongkou Court from 2018 to 2020,
including 33 batches of 361 cases involving group labor disputes. From 2018 to
2020, the number of group labor dispute cases accounted for 17.1%, 23.9% and
20.8% of the total number of labor dispute cases accepted in the same year
respectively, basically stable at a large proportion.
The White Paper outlines the basic
situation, main characteristics, causes and coping mechanisms of group labor
dispute cases handled by Hongkou Arbitration Court and Hongkou Court from 2018
to 2020. It also provides suggestions to employers, laborers and relevant
departments based on the arbitration and trial results of such cases, and
introduces the trial thoughts and methods for similar cases by citing typical
cases.
At the conference, Cai Zhengmao, Director
General of Human Resources and Social Security Bureau of Hongkou District, said
that we should expand our work by making full use of new technologies, combine
online and offline patterns, continue to focus on actual effect, extend our
services, strengthen study and judgment, promote institutionalization of model
cases concerning mediation, trial and arbitration, make good use of punishment,
and strengthen the construction of enterprise integrity management system and
credit construction in the area of labour and employment.
Ni Zhenliang, Vice President of Hongkou
Court, said that the court will, taking the release of this White Paper as an
opportunity, further promote the trials of labor dispute cases and boost the
construction of a diversified dispute resolution mechanism to provide powerful
judicial safeguards for optimizing the regional law-based business environment.
Focusing on the trial work, it will promote conflict resolution in accordance
with the law, strengthen the linkage between arbitration and trials,
effectively promote the mediation of disputes, extend judicial functions, and
build harmonious labor relations.
White Paper of Hongkou District People's Court of Shanghai on the
Arbitration and Trials of Group Labor Dispute Cases.pdf
>> Chinese Version