What is the concept of a labor dispute

What is the concept of a labor dispute

Labor disputes, also known as labor disputes, refer to disputes between the parties to a labor relationship arising from the implementation of labor laws and regulations, or the performance of labor contracts or collective contracts. Labor disputes occur between employees and employers, and the subject of labor disputes is the same as the subject of labor relations stipulated in the Labor Law and the Labor Contract Law. Labor disputes can be divided into individual labor disputes and collective labor disputes according to different standards: 1. According to the number of parties to the labor dispute, it can be divided into individual labor disputes and collective labor disputes. Individual labor disputes are labor disputes between individual workers and employers; Collective labor disputes refer to labor disputes in which there are more than three workers on one side and have common reasons. Where there are more than 10 workers in a labor dispute and there is a joint request, a representative may be nominated to participate in mediation, arbitration or litigation activities. 2. According to the content of labor disputes, it can be divided into: disputes arising from the confirmation of labor relations; Disputes arising from the conclusion, performance, modification, rescission and termination of employment contracts; disputes arising from removal, dismissal, resignation or resignation; disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection; Disputes arising from labor remuneration, work-related injury medical expenses, economic compensation or compensation, etc.; Other labor disputes stipulated by laws and regulations. The above-mentioned labor disputes fall within the scope of application of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration. 3. According to the different nationalities of the parties, they can be divided into domestic labor disputes and foreign-related labor disputes. Domestic labor disputes refer to labor disputes between employers in China and workers with Chinese nationality; Foreign-related labor disputes refer to labor disputes with foreign-related elements, including labor disputes between institutions established outside the country (territory) of China and personnel sent to work in such institutions, and labor disputes between employers and workers of foreign-invested enterprises. The following disputes are not labor disputes: (1) disputes in which the employee requests the social insurance agency to issue social insurance benefits; (2) Disputes over the transfer of public housing between workers and employers arising from the reform of the housing system; (3) Disputes over the employee's objection to the disability grade appraisal conclusion of the Labor Ability Appraisal Committee or the occupational disease diagnosis and appraisal conclusion of the Occupational Disease Diagnosis and Appraisal Committee; (4) Disputes between families or individuals and domestic service workers; (5) disputes between individual craftsmen and helpers and apprentices; (6) Disputes between rural contractors and employees.