The court opening time for the first instance of labor disputes

When a labor dispute arises between a worker and an employer, a lawsuit is filed in the People's Court. After submitting the litigation materials and report, the time from the first instance acceptance to the hearing is not completely determined. Normally, the trial will be concluded and notified within 7 working days. Regarding the specific court dates for both parties, the law stipulates that ordinary cases shall be concluded within 6 months and summary procedures shall be concluded within 3 months.

1. How long does it take for the first instance of a labor dispute to be heard? There are no clear regulations and requirements in the law for how long it takes for the first instance of a labor dispute to be heard, but usually it will be completed within six months. , if the case is complicated and needs to be extended, it will be implemented after approval by the superior people's court. Therefore, how long it takes for the first instance of a labor dispute to begin after the indictment of the parties is submitted to the court is left to each court to decide. The court will decide before the hearing. Issue a summons to notify the parties of the court hearing; There are three legal procedures for labor dispute cases, namely labor arbitration procedures, first instance procedures, and second instance procedures. As long as one party refuses to accept the case, the lawsuit will have to be fought until the second instance to obtain an effective judgment. Below is a breakdown of how long each procedure takes according to legal requirements. First, labor cases are pre-arbitration cases, so labor arbitration is a necessary procedure. According to the law, the time required for labor arbitration procedures is 45-15. The normal time is 45 days, which can be extended by an additional 15 days with the approval of the committee director. Second, in the first-instance procedure, if you are not satisfied with the arbitration award, you can file a lawsuit with the grassroots court in your district within 15 days. The time required for the first trial is 6 6. The normal time is 6 months. It can be extended for another 6 months with the consent of the president of this court. Any extension must be approved by the superior people's court. Third, in the second instance procedure, if you are not satisfied with the first instance judgment, you can file a lawsuit with the Intermediate People's Court of the district within 15 days. The time required for the second instance is 3. The normal time is 3 months, which can be extended with the consent of the president of the hospital. So it takes up to 18 months.

2. How are the court procedures for labor dispute cases regulated? 1. Preparation before trial: For civil cases that are subject to simplified procedures, the parties and their litigation agents apply to the People's Court to investigate and collect evidence and apply for witnesses to appear in court to testify. , should be submitted before the expiration of the time limit for producing evidence; 2. Hearing in court; 3. Judgment announcement and delivery: Judgment in civil cases subject to summary procedures shall be pronounced in court, except where the People's Court deems it inappropriate to pronounce judgment in court, the judgment shall be pronounced in court. If a party is dissatisfied with the first-instance judgment, he or she may appeal to the Intermediate People's Court within 15 days from the date of delivery of the judgment. The second-instance procedure is basically the same as the first-instance procedure. The court investigation is conducted in the following order: 1. Statements by the parties; 2. Inform witnesses of their rights and obligations, testify, and read out the testimonies of witnesses who are not present in court; 3. Present documentary evidence, physical evidence, audio-visual materials and electronic data; 4. Read out appraisal opinions; 5. Read out the inspection records. Relevant legal basis: According to Article 158 of the "Civil Procedure Law of the People's Republic of China", for simple civil cases, the plaintiff may file an oral lawsuit. Both parties may go to the grassroots people's court or a court dispatched by it at the same time to request a resolution of the dispute. The basic people's court or the tribunals dispatched by it can hear the case immediately or set a different date for the hearing. Article 159: When hearing simple civil cases, grassroots people's courts and the tribunals dispatched by them may summon parties and witnesses, serve litigation documents, and hear cases in simple ways, but the rights of the parties to state their opinions shall be protected. To sum up, in judicial practice, after the People's Court accepts a labor dispute case, it needs to determine the specific time for the hearing based on its own business reality and the complexity of the case. The law stipulates a time limit for the conclusion of the case, but does not explicitly require the acceptance of the case. For the specific time of subsequent hearings, the parties need to refer to the formal notice from the court accepting the case.