HR Legal Corner: "One thing is no longer justified" in labor disputes"
Published:
2021-04-13
[brief case]]
Gao left a company on May 31, 2020, and then applied for labor dispute arbitration, requiring a company to pay economic compensation, double wages, and unpaid annual leave wages totaling more than 100,000 yuan. Under the auspices of the Labor Arbitration Commission, the two parties have reached the following mediation agreement: a company shall pay 24000 yuan to Gao within 15 days from the date of service of this mediation agreement, and the labor disputes within the scope of labor and personnel disputes between the two parties shall be settled in one lump sum.
Gao applied for labor dispute arbitration again in October 2020, asking a company to pay unemployment insurance losses and pension insurance losses of about 60000 yuan. The Labor Arbitration Commission, in violation of the principle of "no longer reasonable", refused to accept Gao's application for arbitration, and Gao sued the people's court within the legal time limit.
focus of controversy]
The focus of the dispute in this case is: Is the arbitration mediation issued by the Labor Arbitration Commission binding on both parties?
judgment result]
The court of first instance held that the unemployment insurance losses and pension insurance losses claimed by Gao were disputes arising from social insurance payment issues and did not fall within the scope of the court's acceptance. The labor dispute between the two parties has been arbitrated by the Labor Arbitration Commission, and the labor dispute within the scope of the labor and personnel dispute between the two parties has been handled at one time, and the mediation has become legally effective. Gao's prosecution violates the principle of no longer reasonable, should be dismissed.
The court of second instance held that Gao stated that the social security agency could pay social security for him, so Gao required a company to pay unemployment insurance losses and pension insurance losses that did not fall within the scope of the labor dispute case. In addition, the labor dispute between the two parties has been arbitrated by the Labor Arbitration Commission, and the labor dispute within the scope of the labor and personnel dispute between the two parties has been handled at one time, and the mediation has become legally effective and has been fulfilled. Now Gao has filed a lawsuit, and the court of first instance believes that the case does not fall within the scope of the court's acceptance.
legal analysis]
In civil litigation, the principle of "no longer reasonable" includes two meanings: first, the parties shall not re-sue a case that has already been brought to the court; second, after the judgment takes effect, the parties shall not sue again on the legal relationship of the dispute between the two parties. Because the same incident has been accepted by the court or has been judged by the court, of course, no further prosecution is allowed, and the court should no longer accept it, so as to avoid making contradictory judgments and avoiding entanglement of the parties, resulting in litigation.
In the above-mentioned cases, the Labor Arbitration Commission made an arbitration mediation agreement on the labor dispute between the two parties, which has become legally effective and has been fulfilled. Gao's claim to sue again has been covered by the previous arbitration mediation, so Gao's second prosecution is a repeated prosecution, in violation of the "first instance no longer reasonable" principle. Accordingly, the effective labor arbitration mediation statement is binding on the parties to the case, and the people's court is correct in rejecting Gao's lawsuit.
[link to relevant laws]]
the People's Republic of China Civil Procedure Law
Article 124 The people's court shall deal with the following prosecutions under different circumstances:
(V) the parties to a case in which the judgment, ruling or mediation statement has become legally effective, if the parties file a lawsuit again, the plaintiff shall be notified to apply for a retrial, except for the ruling of the people's court allowing the withdrawal of the lawsuit.
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