China has recently released a guideline calling for more efforts to resolve labor disputes in new forms of employment through one-stop mediation mechanism. 

The guideline, jointly issued by the Ministry of Human Resources and Social Security (MOHRSS), the Supreme People's Court (SPC), the Ministry of Justice (MOJ), the All-China Federation of Trade Unions (ACFTU), the All-China General Chamber of Industry and Commerce ((ACGCIC) and the China Enterprise Confederation (CEC), aims to improve labor laws and regulations, the mechanisms for labor relation consultation and mediation and the systems for safeguarding workers' rights and interests, as well as to protect the rights and interests of those in flexible employment and new forms of employment, which was highlighted in the report to the 20th National Congress of the Communist Party of China (CPC) in 2022. 

It clarifies that in regions with an active platform economy and a higher incidence of labor disputes in new employment forms, local authorities, especially human resources and social security departments, should strengthen cooperation, fully leverage the advantages of labor dispute mediation, people's mediation and judicial mediation, and facilitate joint mediation for labor disputes through arbitration institutions, mediation centers or other mediation organizations based on practical needs. 

Where conditions permit, one-stop mediation centers may be established to handle mediation applications concerning labor disputes in new employment forms regarding labor remuneration, rewards and penalties, the right to rest, and occupational injuries, according to the guideline. 

Mediation should be concluded within 15 days from the date of acceptance, and it may be extended for up to 15 days upon agreement by both parties, the guideline notes. If a mediation agreement is reached, local mediation centers should guide the parties involved to apply for arbitration review or judicial confirmation where applicable, it says. 

Organizations that have signed the guideline are required to effectively coordinate with each other and offer full-process online mediation services concerning labor disputes in new employment forms, says the guideline. 

It called for cooperative efforts among relevant departments to collaborate closely and reinforce organizational guarantees. Where one-stop mediation facilities are established, personnel from their headquarters should be dispatched to station and rotate on a regular basis, and mediation professionals from the third-party organizations are encouraged to participate in the mediation work, the guideline says.

Efforts are also needed to establish an interconnected working mechanism for safeguarding the legitimate rights and interests of those workers by strengthening cooperation with functional departments, including transportation, emergency management and market regulation, the guideline says. 

According to the guideline, human resources and social security departments should take the lead in strengthening organization and coordination, guiding mediation sessions and providing services in negotiation assistance and employment support. 

People's courts are urged to establish circuit court functions where needed and ensure unimpeded process from mediation, to arbitration, litigation and execution in cooperation with other departments, actively fulfilling the statutory duty of mediation guidance. 

Judicial organs are required to establish people's mediation offices in one-stop mediation centers and to encourage lawyers to participate in public interest legal services, in a bid to ensure the effective operation of mediation work. Also, trade unions, chambers of commerce and enterprise confederations should designate personnel or recommend professionals in relevant fields to actively participate in one-stop mediation. 

The guideline also calls on relevant functional departments and industry regulatory authorities to regulate the operations of enterprises and conduct comprehensive supervision.