Recently, the Department of Human Resources and Social Security of Henan Province and the Federation of Trade Unions of Henan Province jointly issued the Implementation Opinions on Carrying out the Work of Mediation and Docking of Labor Disputes (hereinafter referred to as the Implementation Opinions), clearly promoting the coordination and linkage between human resources and social security departments and trade union organizations, comprehensively establishing the mechanism of mediation and docking, forming a joint force of work, and maximizing the realization of "human harmony after the settlement of the case".
The Implementation Opinions clearly states that in 2024, Henan will promote the establishment of a labor dispute arbitration and docking mechanism of "people's cooperatives+trade unions" in cities (demonstration areas) under the jurisdiction of provinces and counties (cities, districts) with good work foundation, so as to achieve the effective implementation of mediation organizations, personnel allocation, and financial support; In 2025, we will promote the county (city, district) to comprehensively establish a "people's commune+trade union" labor dispute mediation docking mechanism, ensure that the organization, personnel, and funds are in place, carry out the work in an all-round way, and significantly increase the proportion of labor dispute cases resolved by mediation.
According to the Implementation Opinions, the local federation of trade unions at or above the county level in Henan Province has established a labor dispute mediation center to be specifically responsible for the mediation and docking of labor disputes. If conditions permit, the local federation of trade unions can set up a labor union legal service workstation (point) in the labor and personnel dispute arbitration court where there are many labor dispute cases and workers' complaints are concentrated, and the human resources and social security department can set up a labor dispute arbitration tribunal in the local federation of trade unions. The trade union organization will select and employ mediators with the Human Resources and Social Security Department, and each center will be equipped with at least three mediators, including at least one legal staff of the trade union.
The Implementation Opinions further clarifies the scope of mediation and case subsidy standards. If the parties apply to the labor and personnel dispute arbitration committee, and the labor dispute falls within the scope of labor dispute arbitration, meets the acceptance conditions, is suitable for settlement through mediation, and both parties voluntarily mediate, the labor and personnel dispute arbitration committee can entrust and appoint the labor union mediation center to mediate. For cases entrusted or delegated for mediation, subsidies shall be given in accordance with the principle of making up the case by case and making up the case by case.
The general responsible person of Henan Province said that he would promote the formation of a convenient and efficient working mechanism for the appointment of human society, the follow-up of trade unions, timely confirmation, and the creation of exemplary and leading models by strengthening coordination and linkage and unblocking the links of "transfer, handling, and recognition" of cases, Constantly improve the social awareness and employee recognition of labor dispute mediation and docking.
