China: 劳动法最前线——从公司人事的角度看劳动法动向 第 152 回加强劳动人事争议调

Last Updated: 18 May 2017
Article by Chen Yifan

人社部与最高法等八部门联合出台意见加强劳动人事争议调解仲裁.

2017 年3 月21 日,人力资源社会保障部、中央综治办、最高人民法院、司法部、财政 部、中华全国总工会、中华全国工商业联合会、中国企业联合会/中国企业家协会等八部门 联合发布了《关于进一步加强劳动人事争议调解仲裁完善多元处理机制的意见》(人社部发 【2017】26 号)。《意见》在加强调解、仲裁裁决书网上公开、探索集体劳动争议快速仲裁 特别程序、加强仲裁与诉讼衔接等多个方面给出指导意见:

(1) 加强调解

《意见》提出,贯彻"预防为主、基层为主、调解为主"工作方针,充分发挥协商、调 解在劳动人事争议处理中的基础性作用;推进调解组织建设,并加强专业调解与仲裁调解、 人民调解、司法调解的联动;鼓励支持法学专家、律师、退休法官、检察官、劳动争议仲裁 员等社会力量参与劳动人事争议调解工作。《意见》还提出,可以在仲裁院设立调解庭开展 调解工作。根据《意见》上述规定,日后在劳动人事争议案件处理中,调解机制将起到越来 越大的作用,仲裁机构在案件审理中也可能会加大调解的力度。

(2) 完善仲裁办案制度

《意见》提出,要依法细化终局裁决规定,提高终局裁决比例;建立健全证据制度, 制定仲裁证据规则;建立仲裁办案监督制度;实行"阳光仲裁",逐步实行仲裁裁决书网上公 开。这里尤其值得一提的是仲裁裁决书将逐步实行网上公开。法院裁判文书的公开实际上早 就已经开始实施,最高人民法院也于2016 年发布了《关于人民法院在互联网公布裁决文书 的规定》。相比之下,目前劳动仲裁裁决书尚没有在互联网公开的规定。根据《意见》,日后 仲裁裁决文书也将逐步实现互联网公开。裁判文书的互联网公开,一方面有助于社会监督司 法裁判,另一方面也将扩大个别劳动争议案件的影响力,无论是对于用人单位还是对于员工 来说都值得关注。

(3) 简化优化仲裁具体办案程序

《意见》提出,要简化优化立案、庭审、调解、送达等具体程序,提高仲裁案件处理 质量和效率;规范简易程序,灵活快捷处理小额简单争议案件;建立健全集体劳动争议快速 仲裁特别程序,通过先行调解、优先受理、经与被申请人协商同意缩短或取消答辩期、就近 就地开庭等方式,实现快调、快审、快结。这里提出的集体劳动争议快速仲裁特别程序,后 续值得持续关注。

(4) 加强仲裁与诉讼的衔接

《意见》提出,各级仲裁机构和同级人民法院要加强沟通联系;有条件的地区,人民 法院可在仲裁机构设立派驻法庭。目前,法院与仲裁机构在劳动争议案件审理中一直在加强 衔接工作,法院对于仲裁裁决的重视程度在提高,北京等地区的高级法院与仲裁机构还联合 出台了一些关于劳动争议案件审理的指导意见或会议纪要等,统一司法裁判意见等。

Originally published by NNA, Issue No.05127

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