SPC Judicial Interpretation (No.3) on Several Issues of the Application of Law for Hearing Labor Dispute Cases (Judicial Interpretation No.3) - 最高人民法院关于审理劳动争议案件适用法律若干问题的解释(三)
Released on September 13, 2010 and effective on September 14, 2010
The Supreme People's Court (“SPC”) on September 13, 2010 promulgated the Judicial Interpretation Regarding Several Issues of the Application of Law for Hearing Labor Dispute Cases (“Judicial Interpretation”).
· The Judicial Interpretation specifies that the people's court will accept the labor disputes arising from affairs related to social insurance, enterprise restructuring and reorganization, labor remuneration, minimum salary, overtime payment, economic compensation, and indemnification.
· The court will accept the labor dispute claims against employers which are not duly established or not in a good standing.
· Where the employees claim for overtime payment, they should prove the fact of overtime work. However, the burden can be transferred to the employer if the employees can prove that the employer holds the relevant evidence but the employer refuses to provide.