Can the personnel disputes in public institutions be settled through litigation?

2022-04-29 0 By

Personnel disputes refer to disputes arising from the resignation, dismissal and performance of employment contracts between the staff of public institutions and the units they belong to.Compared with labor dispute cases, the number of personnel dispute cases is small, and the scope of accepting cases is clearly limited.Therefore, the judge with two typical cases, to remind workers to pay attention to the claim of rights and interests should be paid attention to the scope of the court case.Case example between the institution and its staff after resignation, dismissal and the controversy of performance of the contract, the scope of accepting cases belong to the people’s court of wang Ming said, the blue sky with former unit center in 2008 signed open-ended employment contract, for the blue sky blue sky center after reform research center, nature is still the institution,Salary and treatment shall be implemented in accordance with the implementation instructions of the reform documents.Wang claimed that his salary was still in arrears between October 2014 and December 2018, and demanded the Blue Sky Research Center pay the difference.Argue that it has the blue sky research center according to the balance of the unit, can undertake, within the scope of the maximum grant wages to wang Ming, no extra money, and business unit personnel wages material benefits is in accordance with the relevant state institutions pay policy implementation, and not the freedom of contract both sides agreed.After hearing the case, the court determined that the dispute in this case was caused by the performance of the employment contract between Blue Sky Research Center and Wang Ming, which falls within the scope of accepting cases of personnel disputes in the People’s Court.Wang Ming is transferred from the Blue Sky Center to the blue Sky Research Center due to the restructuring of the blue Sky Center, and his salary shall be implemented in accordance with the relevant documents of the restructuring.Accordingly blue sky research center should pay Wang Ming wage difference.The case is now in force.Judge interpretation: “The Supreme People’s Court on the people’s Court to hear the public institution personnel dispute cases several issues of the provisions of the Article 1 provisions:” between the public institution and its staff because of resignation, dismissal and performance of employment contract disputes, the provisions of the People’s Republic of China labor Law to deal with.”Article 3 stipulates: “Personnel disputes as mentioned in these Provisions refer to disputes arising from resignation, dismissal and performance of employment contracts between an institution and its staff.”According to this, the scope of accepting cases of personnel disputes accepted by the people’s court is limited to disputes arising from resignation, dismissal and performance of the employment contract.Yao Fen sued that she was transferred from a research institute in October 1988 and assigned to work in the engineering Department of Jianghua University.In 1990, he applied to the university for unpaid leave and was approved by the university. His personnel files are kept in the university.In 2006, when he reached the legal retirement age, the university did not handle retirement procedures for him, and accordingly appealed to Jianghwa University to handle retirement procedures for him.The university argued that Yao fen was not an employee of its institution and requested the dismissal of Yao fen’s lawsuit.After the trial, the court held that disputes caused by retirement procedures, including retirement approval, length of service, retirement benefits and other issues, belong to the scope of administrative management, and are not within the acceptance scope of civil cases by the people’s court.The ruling dismissed Mr. Yao’s case.The case is now in force.Judge’s interpretation: The scope of personnel dispute cases accepted by the people’s court is limited to disputes arising from resignation, dismissal and performance of employment contracts between public institutions and their staff.In the trial practice, the common petitions of the on-the-job staff of the public institution requiring the public institution to handle retirement formalities, pay social insurance, and confirm the existence of personnel relations are not within the scope of personnel dispute cases accepted by the people’s court.The above – mentioned request of the staff of the institution will be ruled to dismiss the prosecution.Deal with emeritus formalities, fill to hand in social insurance matters, laborer can consult relevant policies to the relevant administrative departments such as human resources and social security bureau.Public institutions should also strengthen the management of personnel and files to establish a harmonious and orderly employment environment.(All characters and units in the article are pseudonyms)