Unit and laborer servantchoose a person for a job to ought to fulfil bilateral right obligation according to contract agreement during labor contract puts add, if close to be the same as right obligation and produce controversy because of performing work, laborer can mention lawfully thought fors the time being appeal to.
According to " labor law of People's Republic of China " the 79th regulation, after labor dispute happens, laborer can arbitrate to labor dispute committee applies for labor arbitration. Laborer or unit of choose and employ persons cut what take anything but into parts to the arbitration, can to people court to lodge a complaint " . " discuss rule of case comfortable usage about trying labor to contend for the explanation of a certain number of problems " court of people of the 1st regulation hears labor dispute case, order of the buy before answering to be with labor arbitration. Namely after laborer and unit of choose and employ persons produce labor dispute, ought to mention lawfully labor is arbitral, after adjudicating on via the arbitration, laborer or unit of choose and employ persons refuse to obey to arbitral adjudication, just can mention to people court lawfully first instance lawsuit, without arbitral adjudication, must not direct to forensic to lodge a complaint.
Bilateral party is enjoyed equally appeal to authority, laborer and unit of choose and employ persons refuse to obey to arbitral adjudication, all can mention first instance lawsuit, if the laborer in same case and unit of choose and employ persons are right arbitral adjudication refuses to obey, bilateral all to people court to lodge a complaint, the first instance that the court mentions severally to laborer and unit of choose and employ persons is sued, all ought to accept.
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In judicatory practice, if the laborer of same case is mixed,unit of choose and employ persons all mentions first instance lawsuit, the court is accepted in put on record hind, meeting requirement laborer and unit of choose and employ persons negotiate decision one party to nolle prosequi. If both sides does not talk things over to fall, the court can ask one party nolles prosequi compulsively.
The place on put together is narrated, after laborer and company produce labor dispute, the labor since Yinyifadi is arbitral, safeguard oneself to close right increase.
