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珠三角地区基层人民法院派出法庭受理群体劳动争议案件的增长速度非常惊人。以笔者所在的某人民法院A法庭为例,2008年1至6月份,受理群体劳动争议案件涉及企业27家,案件总数1101宗,占同期受理劳动争议案件的85.4%,占同期受理全部审判案件的65,6%,2008年1—6月份受理的群体劳动争议纠纷已经是去年全年受理同类案件的11倍。这些群体劳动争议案件在案情、诉讼请求、证据提交等各个方面存在着相似性,对这种相似性进行抽象、提取,能够找到群体纠纷的典型模型。这种典型模型的主要内容为:用人单位存在着未足额支付加班工资等违法情形,劳动者通过委托律师,以此为理由向用人单位邮寄《被迫解除劳动合同通知书》,然后向用人单位请求拖欠的加班工资及解除劳动合同的经济补偿金等。典型模型劳动争议案件的大量出现,有其必然的社会原因,如《劳动合同法》的生效、专业律师的介入、司法实践对劳动者权益保护力度的加强以及珠三角地区近年出现的“民工荒”现象等。群体劳动争议典型模型案件的增加,有其积极的社会意义,能够促进普法工作的力度,能够增强劳动者的谈判能力,但此类案件的负面影响也不容忽视,典型模型的可复制性造成了司法资源不堪重负,加剧了部分劳动密集型企业的经营困难,以及引发了诸多社会不稳定因素,因此,我们的司法,在强调保护劳动者合法权益的同时,应着力于建设和谐、稳定的劳动关系。针对群体劳动争议典型模型案件,笔者认为,对用人单位拖欠劳动者的加班工资,司法应当不打折扣的进行保护;而对于解除劳动合同经济补偿金,则可考虑根据相关司法解释,对劳动者在《劳动合同法》生效前的经济补偿金进行必要的限制,以期达到司法调节社会利益的功能。同时,应加强此类纠纷的司法调解力度,并建议司法行政部门加强对代理此类纠纷劳动者方律师的督促。
The rate of increase in the number of labor dispute cases dispatched by the grass-roots court in the PRD to the courts is staggering. Take court A of a People's Court where the author is an example. From January to June 2008, there were 27 enterprises involved in collective labor disputes involving 1101 cases, accounting for 85.4% of the labor disputes handled in the same period, accounting for all trial cases in the same period 65,6% of the group received labor dispute disputes in January-June 2008, which is 11 times the number of similar cases handled last year. These groups of labor dispute cases have similarities in all aspects such as the merits, litigation claims and evidence submission, and they can abstract and extract such similarities and find typical models of group disputes. The main content of this typical model is that the employer has not paid the overtime wages and other illegal situations in full, and the worker entrusts the lawyer to mail to the employer a notice of forced termination of employment contract, Unit requests for overtime pay in arrears and economic compensation for termination of labor contracts. The emergence of a large number of typical cases of labor dispute cases has its own inevitable social causes, such as the entry into force of the Labor Contract Law, the involvement of professional lawyers, the strengthening of judicial practice in protection of workers' rights and interests, and the emergence of “” migrant workers in the Pearl River Delta Shortage “phenomenon and so on. The increase of typical model cases of group labor disputes has its positive social significance. It can promote the work of popularizing law and enhance the ability of workers to negotiate. However, the negative impact of such cases can not be ignored. The replicability of typical models has resulted in Judicial resources are overwhelmed, exacerbating the operational difficulties of some labor-intensive enterprises and causing many social instability. Therefore, our judiciary, while stressing the protection of the legitimate rights and interests of laborers, should focus on building a harmonious and stable labor force relationship. Aiming at the typical model cases of group labor disputes, the author believes that the overtime wage of employers in arrears, the judiciary should not be discounted to protect; and for the dissolution of the economic contract compensation for labor, you can consider according to the relevant judicial interpretation of the workers in the The ”Labor Contract Law" before the entry into force of economic compensation necessary restrictions to achieve the judicial adjustment of social interests. At the same time, the judicial mediation of such disputes should be strengthened, and the judicial administrative departments should be urged to step up supervision over laborers' lawyers who represent such disputes.