The basis is active " labor contract law " , " labor dispute mediates arbitral law " regulation, laborer and unit of choose and employ persons produce labor dispute, ought to arbitrate to labor dispute committee mentions first labor is arbitral, classics is arbitral appoint after adjudication, laborer or unit of choose and employ persons refuse to obey to arbitral adjudication, just can mention to the court first instance lawsuit. Laborer and unit of choose and employ persons all must not cross labor to arbitrate, direct to forensic to lodge a complaint.
But, always not be absolutely, put in special situation. So, in labor dispute, again what special situation need not arbitrate via labor, mention to the court directly first instance lawsuit? Specific as follows;
According to top people court " about trying statute of comfortable use of labor dispute case the explanation of a certain number of problems (2) " the 3rd, the seventeenth regulation, when following case happens, laborer need not pass the arbitration and direct to forensic to lodge a complaint: 1, laborer is evidence to be sued to the court directly with the salary IOU of unit of choose and employ persons, litigant request does not involve labor to concern other controversy, regard as default work reward controversy; 2, laborer and unit of choose and employ persons are chaired in committee of labor dispute mediation fall to reach intercessory agreement with respect to work reward controversy only, nonperformance of unit of choose and employ persons mediates what the agreement decides to give Fu Yi Wu.