For labor arbitration cases, the first instance increases litigation requests. Will the court accept it?

Legal knowledge points: The labor dispute case has the pre -procedure of labor arbitration. If the disputes are not convinced by the labor arbitration department, the parties may sue to the court, but some parties in the practice found that the request was missed after the prosecution, so the request was missed, so In the lawsuit, the request of the omissions is increased, and the request belongs to the pre -procedure of the pre -procedure of the labor arbitration. Will the court be tried on the request?

In this regard, the Supreme People's Court's "Interpretation of Several Issues on the Application of Laws on Labor Dispute Cases" stipulates that after the people's court accepts labor disputes, the parties increase their claims. Inspealless, you should be consolidated; if you are independent labor disputes, the parties shall be informed that the parties apply for arbitration to the labor dispute arbitration committee.

In conjunction with judicial practice, this article clearly clarifies the condition that new demands must have "incompetence", so that they can be combined with the original litigation requests. But how to understand the concept of "incompetence" in practice? The editor combines judicial practice and most local judicial guidance summaries, which are generally stipulated as two conditions: "

First, the old and new requests are based on the same fact.

The new litigation request during the lawsuit and the arbitration request in the arbitration stage were made based on the same legal facts. For example, based on the fact that the employer's illegal termination of the labor contract, the lawsuit requests that can be generated are: the facts of issuing a certificate of resignation to the workers, handling social security procedures for workers, confirming illegal termination of labor contracts, paying compensation, requests to restore labor labor Relationships, decision to withdraw from the lifting of the labor barrier, etc. These requests are based on the facts of illegal labor contracts, which are based on the same facts.

Second, the old and new request matters have certain attachment between each other.

The attachment means that the newly added claims and the arbitration request during the original arbitration stage cannot be tied and reverse, but should have the relationship between inclusions, causes and effects, overlap. For example, paying compensation and restoring labor performance contracts are reverse relationships and do not have attachment; issuing a certificate of departure and paying compensation for the workers is a parallel relationship, nor does it have dependency; requesting restoration of labor contracts and requests to cancel the labor contract The decision contains relationships and has attachment.

Therefore, the newly added litigation request and the arbitration request during the original arbitration stage only meet the requirements of the same facts and the dependency of each other based on the same facts, and the mutual attachment can meet the irresistible requirements. In order to better explain the meaning of this legal provision, I will now share a related practice case for your reference.

Introduction to the case: The plaintiff Wu Moudong claimed that Wu Moudong entered the work of Kaike on September 4, 2010. He served as a job as a job. Bank Transfer. Kaike did not handle social insurance for Wu Moudong. On September 6, 2015, Kaike dismissed the labor relationship with Wu Moudong on the grounds of excessive personnel. On September 7, 2015, Wu Moudong's entire salary was settled. During the existence of labor relations between the two parties, Kaike has not paid the salary of Wu Moudong's legal holiday in accordance with the law. Licensed request: Kaike Pay Wu Moudong in February 2015 and March 2015 lower than the minimum wage standard for Jiangmen City 865 yuan; Kaike paid Wu Moudong's living expenses of 1080 yuan in March 2015; Kaike paid Wu Moudong's statutory holiday salary was 3290 yuan; Kaike paid Wu Moudong to lift the labor relationship with a compensation for the labor relationship of 1,6415 yuan.

The defendant Kaike argued that Wu Moudong's salary was calculated according to components, and the working hours of Kaike Company were not fixed. Wu Moudong's number of dvidar days did not reach the statutory day of legal work. Its first request is that the law is not evident. Under normal circumstances, Kaike will arrange employees to rest on legal holidays. The two sides have not lifted the labor relationship so far. Due to the production and operation of production and operation, Kaike was suspended for a while. Wu Moudong was in a holiday state. After the Kaike Company was re -production, he notified him to work.

Judgment view: The court believes that Wu Moudong advocated the request to pay the minimum wage standard for a city in February 2015 and March 2015. Kaike's salary of Wu Moudong was a piece of pieces. At work hours, you do not need to go to attendance. From the month of Wu Moudong's normal work, it can reach more than 4,000 yuan per month. The unit price of the calculation of the salary income is not lower than the reasonable labor quota. Because Wu Moudong did not provide the facts of the normal work during the period, the court did not support it.

Wu Moudong advocated the request to pay the economic compensation of the labor relationship. Wu Moudong advocated that the two parties had lifted the labor relationship on September 6, 2015. Kaike advocated that the two parties did not terminate the labor relationship. Because Wu Moudong had no evidence to prove that the two parties had terminated the labor relationship, the court found that the labor relationship between the two parties still continued. Based on this, Wu Moudong's request was not in fact, and the court did not support it.

Wu Moudong advocated the request to pay the salary of statutory holidays. Wu Moudong's bank transfer record showed his salary income from August 6, 2013 to September 6, 2015. Kaike had no evidence to prove that the legal period was issued during the issue period. Holiday salary, so Kaike also pays the legal holiday salary during the period. Among them, after August 2013, there are 1 day of the Mid -Autumn Festival, 3 days of National Day, 11 days of statutory holidays in 2014, 1 day of New Year's Day, 3 days of Spring Festival, 1 day of the Spring Festival, 1 day of the Spring Festival, 1 day of Labor Day. Dragon Boat Festival 1 day. According to the standards of 1350 yuan / month advocated by Wu Moudong, Kaike should pay a total of 1303.45 yuan for Wu Moudong's legal holidays. Wu Moudong claimed to pay a request for living expenses in March 2015, and he did not claim during the arbitration, and was a request to increase during the lawsuit. According to Article 6 of the Supreme People's Court of Several Issues of Laws on the Application of Labor Disputes Cases, after the people's court accepts labor disputes, the parties increase their claims. A trial should be merged. The court believes that Wu Moudong's claim is an independent labor dispute and should apply to the labor dispute arbitration committee for arbitration.

According to this, the court judged that Kaike paid the plaintiff Wu Moudong within three days after the decision was effective, and the statutory holiday salary was 1303.45 yuan from August 6, 2013 to September 6, 2015; other lawsuits from Wu Moudong were rejected.

Lawyer commented: In this case, the plaintiff Wu Moudong added a new litigation request during the first instance, that is, the living expenses in March 2015. The request and other three requests during the arbitration, that is, make up for the wage difference, the statutory holiday salary, the economy, the economy, the economy, and the economy. Compensation is not as "incompetent" conditions, so the court failed to support the request to increase the living expenses increased by Wu Moudong during the first instance.

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