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	PROVISIONS OF THE SUPREME PEOPLE'S COURT CONCERNING THE TRIALS OF CASES OVER PERSONNEL DISPUTES IN PUBLIC INSTITUTIONS

	(Announcement of the Supreme People's Court (Interpretation No. 13 [2003] of the Supreme People's Court), August 27, 2003: The Provisions of the Supreme People's Court Concerning the Trials of Cases over Personnel Disputes in Public Institutions, which were adopted at the 1278th meeting of the Judicial Committee of the Supreme People's Court on June 17, 2003, are hereby promulgated, and shall come into force on September 5, 2003)


SUBJECT : INTERPRETATION; LABOR; PERSONNEL DISPUTES IN PUBLIC INSTITUTIONS
ISSUING DEPARTMENT : THE SUPREME PEOPLE'S COURT OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 08/27/2003
IMPLEMENT DATE : 09/05/2003
LENGTH : 210 words
TEXT :

In order to correctly try the cases over personnel disputes between public institutions and their staff members, we have prescribed the relevant issues as follows in accordance with the Labor Law of the People's Republic of China:

Article 1. The disputes between public institutions and their staff members due to resignation, dismissal and implementation of employment contracts, shall be settled in accordance with the provisions of the Labor Law of the People's Republic of China.

Article 2. If a party concerned refuses to accept the arbitration award of a personnel dispute, which is made by a personnel dispute arbitration institution established in accordance with the relevant provisions of the State, and brings a lawsuit to the people's court within 15 days as of the receipt of the arbitration award, the people's court shall accept the lawsuit in accordance with the law. If one party neither brings a lawsuit nor implements the arbitration award within the statutory period, and the other party applies to the people's court for execution, the people's court shall execute the award in accordance with the law.

Article 3. Personnel dispute mentioned in the present Provisions means a dispute between a public institution and its staff member due to resignation, dismissal or implementation of an employment contract.