•  
  •  
 

Abstract

Interpretation (I) of the Supreme People’s Court of Issues Concerning the Application of Law in the Trial of Labor Dispute Cases allows for the application of pertinent laws and regulations, including the Civil Code of the People’s Republic of China (hereinafter referred to as the “Civil Code”), in labor dispute cases. This has resolved the controversy over the relationship between civil law and labor law in academic and practical communities. In view of this development, we examined four hundred judicial documents, analyzing the focal points of disputes, the reasoning behind judgments, applicable laws, and judgment results. Our study identified seven impacts of the Contract Book of the Civil Code on labor dispute trial practices, exploring the underlying logic behind these changes and proposing policy suggestions to promote consistent judgments across jurisdictions, enhance judicial credibility, and encourage employers to govern enterprises in compliance with the law while empowering employees to safeguard their rights in accordance with relevant laws and regulations.

DOI

http://dx.doi.org/10.19873/j.cnki.2096-0212.2023.04.005

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.