The Ministry of Human Resources and Social Security and other 13 ministries and commissions "Opinions on Further Strengthening the Consultation and Mediation of Labor and Personnel Disputes"

Ministry of Human Resources and Social Security Central Political and Legal Affairs Commission Supreme People's Court Ministry of Industry and Information Technology Ministry of Justice

Ministry of Finance All-China Federation of Trade Unions All-China Federation of Industry and Commerce China Enterprise Confederation/China Entrepreneurs Association

Opinions on Further Strengthening the Consultation and Mediation of Labor and Personnel Disputes

Ministry of Human Resources and Social Security [2022] No. 71

The human resources and social security departments (bureaus) of all provinces, autonomous regions, and municipalities directly under the Central Government, the political and legal committees of the party committees, the higher people's courts, the competent departments of small and medium-sized enterprises, the judicial departments (bureaus), the financial departments (bureaus), the Federation of Trade Unions, the Federation of Industry and Commerce, and the Federation of Enterprises/Entrepreneurs Association, xinjiang Production and Construction Corps Human Resources and Social Security Bureau, Party Committee Political and Legal Committee, Xinjiang Uygur Autonomous Region Higher People's Court Production and Construction Corps Branch, Industry and Information Technology Bureau, Justice Bureau, Finance Bureau, Federation of Trade Unions, Federation of Industry and Commerce, Enterprise Federation/Entrepreneurs Association:

Negotiation and mediation of labor and personnel disputes is an important part of the comprehensive mechanism of multiple prevention, mediation and resolution of social conflicts and disputes. Flexible resolution of labor and personnel disputes through negotiation and mediation is of great significance for preventing and resolving labor relations risks, safeguarding the legitimate rights and interests of workers, building harmonious labor relations, and maintaining social stability. In order to thoroughly implement the spirit of the 20th National Congress of the Communist Party of China, implement the important decisions and deployments of the Party Central Committee and the State Council on "preventing and resolving major risks" and "insisting on putting the non-litigation dispute resolution mechanism in the forefront", and further strengthen the governance of the source of labor and personnel disputes. The following opinions are put forward for the negotiation and mediation of labor and personnel disputes:

General 1. requirements

(I) guiding ideology. Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, we will thoroughly implement Xi Jinping Thought on the rule of law, adhere to system concepts, goal orientation and problem orientation, focus on strengthening risk prevention and control, strengthen source governance, improve multiple handling mechanisms, enhance consultation and mediation capabilities, and promote China Characteristic harmonious labor relations with high quality development.

(II) basic principles

1. Adhere to the people first, put the concept of serving the people through the whole process of negotiation and mediation, expand the service field, optimize the service mode, improve the service ability, and create a high-quality brand of negotiation and mediation service.

2. Adhere to source governance, give full play to the front-end and basic role of negotiation and mediation, move the gateway forward and sink the center of gravity, and resolve labor and personnel disputes at the grassroots level and in the bud to the greatest extent.

3. Adhere to innovative development, respect the pioneering spirit of the grassroots, actively explore new ideas, new mechanisms, and new measures, promote the integration of various mediation linkages, promote social coordination and co-governance, and form a reflection of Chinese characteristics, in line with the law of multiple handling of labor and personnel disputes, and meet the needs of the times The pattern of negotiation and mediation work.

4. Adhere to flexibility and efficiency, give full play to the advantages of flexible, efficient, flexible and convenient negotiation and mediation, and use the rule of law thinking and methods to promote the settlement of cases and the harmony of labor relations and social stability.

(III) target tasks. Starting from October 2022, we will continue to strengthen the mechanism and capacity building of the consultation and mediation system, and strive to use about five years to basically achieve further improvement of the organization, further strengthening of team building, further improvement of system construction, and further consolidation of basic security. The multiple handling mechanism of labor and personnel disputes led by the party committee, government responsibility, human resources and social security departments, participation of relevant departments, judicial security, and scientific and technological support is more complete, the quality and efficiency of departmental linkage have been significantly improved, the proportion of labor and personnel dispute cases resolved through consultation and mediation in the total number of cases has increased significantly, and labor and personnel dispute litigation cases have steadily dropped to a reasonable range. the level of standardization, standardization, specialization and intelligence of consultation and mediation work has been significantly improved.

2. strengthening source control

(IV) strengthen guidance on the prevention of labor and personnel disputes. Give full play to the important role of the employer's grassroots party organizations in labor relations governance, negotiation and mediation, and lead the harmonious development of labor relations with party building. We will improve the democratic management system and protect workers' rights to know, participate, express and supervise major decisions and matters of employers. We will implement systems such as the release of typical cases, labor law supervision reminders and opinions of trade unions, mediation proposals, arbitration proposals, judicial proposals, and credit commitments, so as to guide employers to employ workers in accordance with the law and workers to express their demands rationally in accordance with the law. We should give full play to the role of service institutions for small and medium-sized enterprises, promote small and medium-sized enterprises to improve their labor management system and strengthen the prevention of labor and personnel disputes through training, consultation and other services. Service institutions with corresponding qualifications can carry out trusteeship services for labor relations affairs. The establishment of labor and personnel dispute mediation organizations and the development of negotiation and mediation work by employers are important considerations for the establishment of harmonious labor relations. Give full play to the role of lawyers and legal advisers, promote the management of enterprises according to law, strengthen compliance management in the field of labor and employment, and reduce labor and personnel disputes.

(V) and improve the risk monitoring and early warning mechanism for labor and personnel disputes. Establish and improve the risk monitoring mechanism of labor and personnel disputes, reflect the changes of important indicators of labor relations operation through tax payment, social security arrears, case acceptance, complaint reporting, petition handling, social public opinion, etc., and accurately study and judge the situation of labor and personnel disputes. We will improve the risk early warning mechanism for major labor and personnel disputes, focus on important time nodes, highlight key groups such as migrant workers, labor dispatch and new forms of employment, and strengthen monitoring and early warning, establish risk accounts and formulate response plans around major types of labor and personnel disputes such as confirmation of labor relations, recourse to labor remuneration, working hours, termination and termination of labor contracts.

(VI) strengthen the investigation and resolution of hidden dangers in labor and personnel disputes. Establish a contact point system for key regions, key industries, and key enterprises, focusing on industrial parks and the Internet, construction, labor-intensive processing and manufacturing industries, and enterprises that are affected by major changes in objective economic conditions and emergencies that have caused difficulties in production and operation., Carry out comprehensive investigations, discover signs and tendencies in a timely manner, and properly resolve hidden risks caused by wage arrears and irregular employment. Strengthen the coordinated management of hidden dangers of labor and personnel disputes, improve the information sharing, coordination and linkage between mediation and arbitration institutions and labor relations, labor security supervision institutions, and labor law supervision organizations of trade unions, jointly strengthen labor employment guidance, and perform the prevention of "grasping the front end and treating diseases" function.

3. strengthen consultation and reconciliation

(VII) guide the establishment of internal labor and personnel dispute consultation mechanism. Cultivate the awareness of labor and personnel dispute negotiation between employers and workers, and promote employers to establish and improve communication by setting up reception days for persons in charge, holding labor talks, opening hotlines or electronic E-mail, setting up suggestion boxes, and forming network communication groups. Dialogue mechanism to unblock the channels for the expression of workers' demands. Guide employers to improve the internal complaint and negotiation response system, optimize the labor and personnel dispute negotiation process, carefully study and formulate solutions, and respond to workers' negotiation demands in a timely manner.

(VIII) assist in the negotiation of labor and personnel disputes. The trade union organizes and coordinates the labor law supervision committee, collective negotiation instructors, legal aid volunteer teams and other resource forces, promotes the improvement of laborers' complaint channels and dispute negotiation platforms, helps laborers and employers to conduct labor and personnel dispute consultations, and does a good job in consultation and interpretation. Legal reasoning, persuasion and guidance, and facilitation of reconciliation. Local trade unions at all levels may set up labor and personnel dispute consultation rooms to do a good job in labor and personnel dispute consultation. Enterprise representatives shall organize and guide enterprises to strengthen the construction of consultation capacity and improve the consultation procedures for labor disputes within enterprises. Encourage and support social forces to carry out labor and personnel dispute consultation and consultation, agency services.

(IX) strengthen the implementation and effectiveness of settlement agreements. If the laborer and the employer reach an agreement through consultation on labor and personnel disputes, the trade union organization shall take the initiative to guide the signing of a settlement agreement and promote the implementation of the settlement agreement. If the laborer or employer fails to perform the settlement agreement on schedule, the trade union organization shall take the initiative to guide the application for mediation. After review by the Labor and Personnel Dispute Arbitration Committee, if the procedures and contents of the settlement agreement are legal and effective, they can be used as evidence in the arbitration case; however, the facts recognized by the laborer or the employer for the purpose of reaching a settlement shall not be used in subsequent arbitration or litigation. As a basis for its disadvantage, unless otherwise provided by law or agreed by the laborer and the employer.

4. do real multi-mediation

(X) promote the construction of grassroots labor dispute mediation organizations. Human resources and social security departments, together with judicial administration, trade unions, enterprise representative organizations, enterprises, institutions and social organizations, promote employers to strengthen the construction of mediation organizations. We will promote the establishment of labor dispute mediation committees in large and medium-sized enterprises, and establish and improve the labor dispute negotiation and mediation mechanism of small and micro enterprises supported by township (street), trade unions, trade chamber (Association) associations, regional mediation organizations and mediators (informants). Promote public institutions and social organizations to strengthen the construction of mediation organizations, and standardize labor and personnel management and employment behavior.

(11) Construction of mediation centers for labor and personnel dispute arbitration courts at the municipal and county levels and labor union legal service workstations. Promote the establishment of labor and personnel dispute mediation centers (hereinafter referred to as mediation centers) in conditional municipal and county-level labor and personnel dispute arbitration institutes (hereinafter referred to as arbitration institutes) to provide labor and personnel dispute mediation services by staffing or purchasing services. The mediation center is responsible for handling cases entrusted by the arbitration court and the people's court for mediation, and assisting the human resources and social security departments to guide the township (street), trade union, industry business (association) association, regional and other mediation organizations in the jurisdiction to do a good job. We will explore and promote trade union organizations to set up trade union legal service workstations in arbitration courts and people's courts where there are many labor and personnel dispute cases and workers' demands are concentrated. Local trade unions with conditions can arrange special personnel to settle in to carry out dispute negotiation, mediation and legal services, and establish a regular docking mechanism between mediation, arbitration and litigation.

(12) Strengthen the standardization of mediation work. The human resources and social security department, together with judicial administration, trade unions, enterprise representative organizations and other departments, implements the system of mediation organizations and mediators, and guides all kinds of labor and personnel dispute mediation organizations to establish and improve the systems of mediation acceptance registration, mediation handling, notification guidance, return visit feedback, file management and statistical reporting, so as to improve the standardization level of mediation work. Intensify the supervision and supervision of the implementation of the mediation agreement, strengthen the evaluation of the parties' ability to perform, and issue a notice of performance to the parties after reaching a mediation agreement. Summarize and promote the mature experience and characteristic practices formed by mediation organizations in practice, and play a typical leading role.

(13) Give full play to the unique advantages of various mediation organizations. The enterprise labor dispute mediation committee takes advantage of its familiarity with internal operating rules and the situation of workers, and guides the parties to give priority to resolving labor disputes through mediation. People's mediation organizations give full play to their advantages of taking root at the grass-roots level, being close to the masses, and being familiar with social conditions and public opinions, and intensify the mediation of labor and personnel disputes. Township (street) labor and personnel dispute mediation organizations give full play to their professional advantages, actively promote the construction of standardization, standardization and intelligence, and help employers within their jurisdiction to do a good job in the prevention and resolution of labor and personnel disputes. Industrial and regional labor and personnel dispute mediation organizations give full play to the advantages of industry influence and regional driving force to help enterprises train mediators and carry out mediation work. The mediation organization of the business (association) will give full play to the advantages of being close to the enterprise, actively resolve labor disputes and coordinate social governance. Human resources and social security departments, judicial administrative departments, trade unions and enterprise representative organizations guide and standardize interested social organizations, lawyers, experts and scholars and other social forces to actively and orderly participate in mediation work and further increase the supply of mediation services.

5. and improve the linkage work system

(14) Improve the labor and personnel dispute mediation and people's mediation, administrative mediation, judicial mediation linkage work system. Under the overall planning and coordination of the political and legal committee of the party committee, the human resources and social security department strengthens the work communication with the judicial administration, courts, trade unions, enterprise representative organizations and other departments, forms a work pattern of joint mediation of contradictions, force linkage, and information connectivity, and establishes and improves the emergency joint mediation mechanism for major labor and personnel disputes. In areas where conditions permit, a "one-window" labor and personnel dispute acceptance and transfer handling mechanism can be established, and the integration of various mediation resources can be strengthened by connecting various online mediation platforms and setting up substantive joint mediation centers. According to the actual situation, the sharing mechanism of mediator and expert database can be established, and personnel can be flexibly deployed to improve the professionalism of case handling.

(15) Participate in the construction of the mediation center for social conflicts and disputes. All relevant departments actively integrate into the comprehensive mechanism for multiple prevention, mediation and resolution of social conflicts and disputes led by local party committees and governments, give full play to their functional advantages, and send mediation and arbitration staff to the social conflicts and disputes mediation center to handle labor and personnel dispute cases, participate in linkage resolution, and provide business support, Do a good job in ensuring personnel, funds, places, equipment, etc.

(16) Strengthen the connection between mediation, arbitration and litigation. Improve the interface between mediation and arbitration, and establish a system of arbitrators linking mediation organizations in pieces. If the parties reach an agreement through mediation, the mediation organization shall guide the parties to file an application for arbitration review or judicial confirmation, so as to consolidate the results of mediation in a timely manner. The arbitration institution actively guides the parties who have not mediated to the mediation organization to mediate first by suggesting mediation and entrusting mediation. Strengthen the connection between mediation and litigation, and resolve disputes that are suitable for mediation such as labor remuneration and economic compensation through non-litigation methods such as pre-litigation mediation. We will promote the "general-to-general" online litigation and mediation docking of labor and personnel disputes, and carry out the whole process of online delegation mediation, audio and video mediation, judicial confirmation of application for mediation agreement, etc. Establish a provincial-level labor and personnel dispute mediation expert database, and include qualified mediation organizations and personnel into the specially invited mediation roster, and participate in mediation to resolve major, difficult and complex labor and personnel disputes. Implement the payment order system in accordance with the law.

6. enhance service capabilities

(17) Strengthen the construction of the mediator team. Improve the ability to negotiate and mediate labor disputes through government purchase of services. Expand the source of part-time mediators, and extensively absorb professional forces such as legal experts, arbitrators, lawyers, labor relations coordinators (divisions), retired judges, and retired prosecutors to participate in mediation. Strengthen the training and guidance of mediators, develop national professional skills standards, effectively improve the professional ethics of mediators, enhance service awareness, and enhance case-handling capabilities.

(18) Strengthen the construction of intelligent consultation and mediation. Promote the in-depth integration of information technology and negotiation and mediation, establish an inter-departmental data information exchange and sharing mechanism, and integrate the use of various types of big data to carry out analysis and judgment of labor and personnel disputes. We will improve the mediation functions of the network platform and mobile phone APP, WeChat applet, WeChat public number and other platforms, promote "online office" and "palm office", and realize the continuous advancement of negotiation and mediation to intelligence.

(19) Guarantee work funds. The Ministry of Human Resources and Social Security will include consultation and mediation in the guiding catalogue of government purchase services. Local financial departments, in the light of local reality and financial resources, reasonably arrange funds, provide necessary support and guarantee for the funds for consultation and mediation work, strengthen hardware support, and provide necessary office facilities and equipment for mediation organizations.

(20) Implementation of work responsibilities. Building harmonious labor relations is an inevitable requirement for strengthening the party's ruling foundation and consolidating the party's ruling position. It is an important content for strengthening and innovating social governance, ensuring and improving people's livelihood, and an important foundation for promoting high-quality economic development and social harmony and stability. All localities should take consultation and mediation work as an important task in building harmonious labor relations, earnestly enhance their sense of responsibility, mission, and urgency, and actively strive for the support of the party committee and government. We will incorporate this work into the overall plan for local economic and social development and the assessment system of government objectives and responsibilities, and promote the solid and effective development of the work. The political and legal committees of party committees at all levels should incorporate the construction of a multiple handling mechanism for labor and personnel disputes into the safety construction assessment, promote relevant departments to refine the evaluation standards, and improve supervision and inspection, evaluation and promotion. The human resources and social security departments should play a leading role in the diversified handling of labor and personnel disputes, work with relevant departments to promote the construction of mediation organizations, systems and teams, and improve the evaluation mechanism of mediation effectiveness. The people's courts should play the role of judicial guidance, promotion and protection, and strengthen the organic connection between mediation and litigation. Judicial administrative departments should guide mediation organizations to actively carry out labor and personnel dispute mediation work, strengthen the training of mediators on labor laws and policies, and encourage and guide lawyers to participate in legal aid and social mediation. The financial department should guarantee the funds for consultation and mediation work, and urge the relevant departments to strengthen the management of funds and give full play to the efficiency of the use of funds. The competent departments of small and medium-sized enterprises should further improve the service system, guide the service institutions of small and medium-sized enterprises to help enterprises employ workers in accordance with the law, reduce employment risks, and build harmonious labor relations. Trade unions should actively participate in the diversified resolution of labor and personnel disputes, guide workers to rationally express their interests in accordance with the law, help workers negotiate and resolve labor and personnel disputes, provide legal services for workers in accordance with the law, effectively safeguard the legitimate rights and interests of workers, and serve workers wholeheartedly. The Federation of Industry and Commerce and the Federation of Enterprises should play a representative role, guide and support enterprises to operate in a law-abiding and honest manner, fulfill their social responsibilities, and establish and improve internal labor and personnel dispute resolution mechanisms.

All provincial-level human resources and social security departments shall, in conjunction with relevant departments, formulate practical implementation plans in accordance with the spirit of this opinion, clarify tasks, clarify measures, clarify responsibilities, and clarify requirements, regularly supervise and inspect the implementation of this opinion, and promptly report to human resources The Ministry of Social Security reports the progress of work.

Ministry of Human Resources and Social Security

Central Committee of Politics and Law

Supreme People's Court

Ministry of Industry and Information Technology

Ministry of Justice

Ministry of Finance

All-China Federation of Trade Unions

All-China Federation of Industry and Commerce

China Enterprise Confederation/China Entrepreneurs Association

13 October 2022