Article 79 of the Labor Law of the People's Republic of China stipulates: "After a labor dispute occurs, the parties may apply to the labor dispute mediation committee of their unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court. This is the well-known "labor dispute and arbitration preposition", so do all labor disputes need labor arbitration preposition?
Recently, Judge Wang Youquan of the Xie Ji Court of Juye Court heard a labor dispute case.
Case review
In 2015, the plaintiff Wang worked as a chef in a defendant catering company, and after the plaintiff Wang performed his job duties, after settlement, the defendant catering company still owed the plaintiff 150,000 yuan in wages and unsettled, and then the defendant catering company issued a wage IOU of 150,000 yuan to the plaintiff Wang in December 2021, which was sealed and signed by the defendant company and its legal representative. Later, after being urged by the plaintiff Wang, the defendant catering company has not paid so far. For this reason, the plaintiff filed a lawsuit with the court demanding payment of 150,000 yuan in arrears.
Heard by the courts
The court held that although this case was a labor dispute, in accordance with Article 15 of the Interpretation (I) of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases, "if an employee directly files a lawsuit with the employer's wage IOU as evidence, and the litigation claim does not involve other disputes in labor relations, it shall be regarded as a dispute over arrears of labor remuneration, and the people's court shall accept it as an ordinary civil dispute." "The court has the power to accept the case in accordance with the law and make a ruling in accordance with the law after a court hearing.
In this case, the defendant catering company established an employment relationship with the plaintiff Wang in accordance with the law, and the plaintiff Wang still owed him 150,000 yuan in wages after performing his work duties, and the defendant catering company also recognized this, and the court affirmed it in accordance with the law. According to Article 30 of the People's Republic of China Labor Contract Law, "the employer shall pay the labor remuneration to the employee in full and in a timely manner in accordance with the provisions of the labor contract and the provisions of the state." "In this case, the plaintiff Wang's claim for the defendant catering company to pay the arrears of labor remuneration was not improper, and the court supported it in accordance with the law.
Court decision
The defendant, a catering company, paid the plaintiff 150,000 yuan.
What the judge said
In judicial practice, labor arbitration, as a pre-litigation procedure for labor dispute cases, plays an important role in protecting the legitimate rights and interests of workers and saving judicial resources. However, there is an exception to the pre-arbitration of labor disputes: that is, if the employee holds a wage IOU issued by the employer and the litigation claim does not involve other labor disputes, he or she can directly file a lawsuit with the people's court. In addition, in addition to filing a lawsuit, eligible employees may also apply to the people's court for a payment order in accordance with the law to require the employer to pay labor remuneration and other payments within a time limit.
Scenario 1: The worker may apply to the people's court for a payment order in accordance with the law with the mediation agreement;
Scenario 2: The employee directly files a lawsuit based on the employer's wage IOU as evidence.
Links to legal provisions
Article 30 of the Labor Contract Law of the People's Republic of China An employer shall, in accordance with the provisions of the labor contract and state regulations, pay labor remuneration to the employee in full and in a timely manner.
If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
Article 15 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I) Where a worker directly initiates a lawsuit based on the employer's wage IOU as evidence, and the litigation claim does not involve other disputes in labor relations, it shall be regarded as a dispute over arrears of labor remuneration, and the people's court shall accept it in accordance with an ordinary civil dispute.
Article 16 of the People's Republic of China Labor Dispute Mediation and Arbitration Law If a mediation agreement is reached due to the payment of arrears of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, and the employer fails to perform within the time limit agreed in the agreement, the employee may apply to the people's court for a payment order with the mediation agreement in accordance with law. The people's court shall issue a payment order in accordance with law.
Source: Juye County People's Court