The highest method: unit of choose and employ persons does not provide evidence master overtime should bear the responsibility

Pp.290 held a press conference to released the supreme people's court on the trial of labor dispute case applicable law the explanation of some (3) (hereinafter referred to as the judicial interpretation). Judicial explanation says, without recourse to laborer to unit of choose and employ persons, laborer shall bear the extra burden, if laborer have evidence of evidence that unit of choose and employ persons, unit of choose and employ persons does not provide, the employing units shall bear the adverse consequences.

Vice director, general rules SunJunGong spokesman, after two-and-a-half years of research, drafting, modification and comments by judicial committee discussed pp.290 through the judicial interpretation. The judicial interpretation of terms though only 18, but the contents are very rich.

The judicial interpretation except the cases mentioned key problems without recourse overtime burden, perfect the current law stipulates the other labor dispute processing, defines the scope of labor dispute case, a clearly defined a labor dispute case of litigation subject, etc.

SunJunGong revealed the first-instance court, 2008 29.55 included a labor dispute case, 2007 95.3% growth, 31.86 included in 2009, 7.82% year-on-year growth, January 2010 August 20.74 new million.

The judicial interpretation: non-exempt employee claims, it shall be the existence of overtime facts bear the burden. If the employee is evidence of unit of choose and employ persons master overtime evidence of facts, unit of choose and employ persons does not provide, the employing units shall bear the adverse consequences.

Reading (civil trial court judges the foreign office of foreign DuWanHua, deputy director, spokesman for SunJunGong) current legal cases without recourse overtime did not make clear a regulation burden. In a similar case, general laborer burden is more difficult, unit of choose and employ persons are generally not consciously out of evidence. The law is actually use legal means to urge to unit of choose and employ persons out facts, maintaining the rights and interests of labourers. At the same time, the law does not tend to laborer, unit of choose and employ persons is the premise of burden of proof of employee is unit of choose and employ persons master overtime evidence of fact, for this individual labourers sedulous bewilders unit of choose and employ persons also curb the behavior.

To work overtime, pp.290 think the production and operation of enterprises have slack season, enterprise and worker through consultations on an equal basis, to work overtime. Unit of choose and employ persons should pay overtime work overtime to laborer to work overtime, but from the body circumstance consideration, laborer can disorders, can compel employees to work overtime, the workers shall have the right to refuse to work overtime.
Units can be classified as litigants receipts

The judicial interpretation: laborer and handling business license, the business license is revoked or expiration continued operation business unit of choose and employ persons ought to be a dispute, unit of choose and employ persons or the investor of the litigants.

Did not deal with business license, the business license is revoked or expiration continued operation business unit of choose and employ persons, to borrow other callings methods such as operating business license, shall be the business license of unit of choose and employ persons and the litigants lenders.

Reading (civil trial court judges the foreign office of foreign DuWanHua, deputy director, spokesman SunJunGong) current market economy condition, the accepting unit type complex and diverse forms, even good and evil people mixed up, the subject. In reality, often appear in the dispute case, some employers did not deal with business license, or affiliated with expiration business licenses another way to borrow, laborer labor dispute with each other, unit of choose and employ persons, laborer or fled into the rights.