Labor Disputes In Bankrupt Enterprises Can Be Directly Prosecuted Without Arbitration.

Yang is a staff member of a construction company.

In March 16, 2015, the intermediate people's court ruled that the construction company entered bankruptcy proceedings.

In May 20th, Yang directly sued to the hospital, requesting the construction company to pay labor remuneration and economic compensation totaling more than 28 yuan.

Should Yang's proposal be preceded by a labor dispute arbitration procedure?

I believe that although Yang's proposition is in the form of

Scope, but because the employer has already entered the bankruptcy repayment procedure, it can only exercise the claim of confirming the creditor's right, and does not have to go through the labor dispute arbitration preposition procedure.

The reasons are as follows.

In the current legal framework, although the arbitration preposition is a general procedure for handling labor disputes, in order to protect the interests of creditors, the enterprise bankruptcy law has made clear provisions on the liquidation of various types of claims.

At this time, the laborer makes a request for the payment of the labor creditor's rights, and the ruling organ can not decide that the bankrupt enterprise will pay the related creditor's rights within a specified time limit, but confirms that the laborer has the corresponding labor creditor's right for the bankrupt enterprise, and then pays the proportion according to the law in the bankruptcy liquidation procedure according to law.

According to the Supreme People's court

Such cases can be directly identified as "workers and staff members".

Confirm the dispute.

Therefore, this kind of dispute has been treated by ordinary civil disputes after the employer has entered the bankruptcy procedure.

In addition, it can be seen from the existing law that such disputes are different from the general procedures for dealing with labor disputes.

The forty-eighth section and second paragraph of the enterprise bankruptcy law stipulates that the wages and medical expenses, disability allowance and pensions expenses owed by the debtors shall be included in the basic old-age insurance and basic medical insurance expenses that should be included in the employee's personal accounts, and the compensation that should be paid to the employees in accordance with the laws and administrative regulations.

If the staff and workers have objection to the records of the list, they may ask the administrator to correct them; if the administrator does not correct them, the staff and workers may bring a lawsuit to the people's court.

This law gives the laborers the right to direct prosecution without labor disputes.

Compared with the labor law and the labor dispute mediation and arbitration law, the enterprise bankruptcy law is a special law in dealing with the labor claims of bankrupt enterprises. According to the principle of special law superior to the general law, the provisions of the enterprise bankruptcy law shall apply, and the workers can directly sue the people's court for their labor claims, without having to go through the preposition procedure of labor dispute arbitration.

At the same time, the twenty-first provision of the enterprise bankruptcy law stipulates that after the people's court accepts the bankruptcy petition, the civil litigation of the debtor can only be brought to the people's court that accepts the bankruptcy application.

The "civil litigation relating to debtors" of course includes labor disputes, so the intermediate people's court has jurisdiction over the case.