“Opinions on Further Enhancing the Mediation and Arbitration of Labor Disputes and Improving the Multi-Dimensional Mechanism for Dispute Resolution” (the “Opinions”) has been released on March 21, 2017

The Ministry of Human Resources and Social Security, the Central Public Security Comprehensive Management Commission, the Supreme People’s Court, the Ministry of Justice, the Ministry of Finance, the All-China Federation of Trade Unions, the All-China Federation of Industry and Commerce and the China Enterprise Confederation/China Entrepreneurs Association jointly issued the “Opinions “. Although the “Opinion” shall not be directly applied as the judicial basis in hearing labor dispute cases, it reflects the tendency and trend in dealing with labor disputes in the near future. It has a guiding significance. Hereinafter partial of the contents have been selected which are highly recommend for being noted.

1. The relation between employers and employees

“Opinions” requires enterprises to improve the democratic management system, to guarantee employees on major decision-making and major issues of the right to know, participation, expression, supervision, to strengthen the humanistic care of employees; to establish a variety communication channels between the two parties; concerning the resolution of disputes, enterprises should improve consultation rules, establish internal complaints and consultation response system, strengthen the function of trade unions in consultation.

2. The requirement on hearing labor arbitration cases

（1）Open Ruling

“Opinions” states: to formulate the evidence rules in arbitration which shall reflect the characteristics in dealing with labor disputes; to establish the supervision system for arbitration committee; to release the arbitration awards gradually on the internet; to establish the arbitration guidance system, strengthen case guidance, and some typical cased could be used to set unified criteria, which could regulate the discretionary power.

（2）Efficient Ruling

“Opinions” proposes that the concept of “Internet +” shall be established, and online mediation, online arbitration, electronic delivery shall be gradually carried out and so on.

（3）Final ruling

“Opinions” requires to detail the provisions on the final ruling in accordance with laws and regulations, and improve the ratio of the final ruling.

It is worth mentioning that “Opinions” issued jointly by eight ministries, departments, and associations, which will have a greater influence on the convergence among mediation, arbitration, and litigation. In addition, it is helpful to solve many conflicts between the opinions of arbitration and legislation in practice. In practice, enterprises shall pay special attention to those issues: ① to establish a reasonable democratic management system and communication system, which might be affect individual cases to a large extent; ② to evaluate the risks of individual cases, and improve the HR management system by making full use of the open ruling rules.