Recently, the Human Resources and Social Security Department of Guizhou Province, in conjunction with the Political and Legal Committee of the Provincial Party Committee, the Provincial Court, the Provincial Department of Justice, the Provincial Federation of Trade Unions, the Provincial Federation of Industry and Commerce, the Provincial Enterprise Confederation, and the Provincial Postal Administration, issued the Guiding Opinions of the Human Resources and Social Security Department of Guizhou Province and other eight departments on promoting one-stop mediation of labor disputes in new employment forms (hereinafter referred to as the Opinions), further promote the one-stop mediation of labor disputes in new forms of employment in Guizhou Province, and earnestly safeguard the labor security rights and interests of workers in new forms of employment.
The Opinions put forward that we should adhere to the people first, practice the people centered service concept, and fully protect the labor rights and interests of workers in the new employment form; Adhere to the concept of rule of law, strengthen mediation and arbitration of labor and personnel disputes in accordance with the law, bring the handling of labor disputes in the new form of employment into the track of rule of law, and use the thinking and method of rule of law to promote the settlement of cases; Adhere to the principle of giving priority to mediation, give full play to the fundamental role of consultation mediation in the prevention and resolution of conflicts and disputes and the governance of litigation sources, and base on prevention, mediation, rule of law, and grassroots; Adhere to diversified solutions, overall coordination, integration of resources and diversified cooperation, form a working pattern of "people and society led, department coordinated and industry involved", optimize service methods, simplify work processes, and efficiently and conveniently resolve labor disputes in new employment forms.
The Opinions clearly stated that all cities (prefectures) and counties (cities, districts) should be promoted to establish a new mode of one-stop and diversified joint mediation of labor disputes in new employment forms, and one-stop joint mediation functions should be added in mediation centers of local labor and personnel dispute arbitration courts, mediation centers for social contradictions and disputes (comprehensive management centers) or relevant mediation organizations, Where conditions permit, a one-stop joint mediation center can be set up according to work needs to do a good job in all kinds of mediation connection and linkage work, and work together to resolve labor disputes in new employment forms.
The Opinions, combined with the actual work in Guizhou, put forward specific implementation guidance on the establishment and improvement of a new one-stop mediation mode for labor disputes in new employment forms in various regions, involving four aspects: standardizing the acceptance of applications, strengthening consultation and reconciliation, optimizing mediation processes, and strengthening work cooperation. In terms of standardized acceptance of applications, it is clear to accept mediation applications for labor disputes between new employment workers and platform enterprises and employment cooperation enterprises (hereinafter referred to as enterprises) due to labor remuneration, rewards and punishments, rest, occupational injuries and other labor disputes through on-site and online channels; In terms of strengthening consultation and reconciliation, in accordance with the principles of equality, voluntariness, legality, fairness and timeliness, the parties should be patiently and carefully explained, the labor security laws and regulations should be accurately interpreted, the parties should be aware of their legal rights and obligations, as well as the responsibilities and risks they should bear, and actively guide workers and employers to strengthen communication and mutual understanding according to law, Negotiate to reach a settlement and jointly resolve labor disputes; In terms of optimizing the mediation process, it is clear that if the mediation is within the scope of acceptance and both parties agree to mediation, the acceptance should be completed as soon as possible, and the mediation should be completed within 15 days from the date of acceptance; If a mediation agreement is reached through mediation, the one-stop joint mediation center or the mediation organization conducting joint mediation work shall prepare a mediation agreement, and specify the subsequent handling measures for a variety of situations in which the mediation agreement is automatically performed, cannot be performed immediately, does not really belong to the scope of joint mediation, one party does not agree to mediation or fails to mediate successfully. At the same time, use the online mediation service platforms of the People's Social Security, the courts, the judiciary, trade unions and other units to do a good job in the "head to head" online litigation and mediation docking of labor disputes, and carry out the whole process online mediation activities for labor disputes that meet the online mediation conditions; In terms of strengthening work cooperation, it was clarified that human resources and social security departments at all levels should strengthen work communication with the judiciary, courts, trade unions, enterprise representative organizations and other departments, establish and improve the joint emergency mediation mechanism for major labor and personnel disputes, and form a working pattern of joint conflict mediation, force linkage, and information connectivity.
The Opinions require that all local departments should strengthen safeguard measures, select business backbones who are familiar with legal knowledge, human and social policies, fair and upright, and have a strong sense of serving the people to carry out one-stop mediation work, and support the full coverage of the operation of the "Internet+mediation" service platform. We should promote "labor rights protection+employment assistance", strengthen the monitoring of labor employment management in new forms of employment, timely understand the needs of rights protection workers in terms of unemployment benefits, job recommendation, skill training, etc., and provide integrated employment public services such as vocational guidance, job recommendation, skill training, entrepreneurship guidance, etc. for workers in new forms of employment. It is necessary to strengthen publicity and guidance, widely publicize the labor rights and interests protection policy of the new employment form, and release the telephone number of the labor and personnel dispute mediation organization of the new employment form, the website and QR code of the "Internet+mediation and arbitration" service platform to the public, so that the workers of the new employment form can know the way, method and approach of rights protection.
(Cheng Ruilin, full media reporter of Labor Times)
