Supreme People’s Court Issues Guiding Opinion on Employment Disputes

In response to the soaring number of employment disputes resulting from the global economic crisis, the Supreme People’s Court (SPC) issued the Guiding Opinion on Handling Adjudication Work for Employment Dispute Cases under the Current Circumstances (the Guiding Opinion) on July 6, 2009.
The Guiding Opinion sets forth general principles that courts should follow when handling employment dispute cases during the current economic crisis. For example, lower courts are instructed not only to maintain workers’ lawful rights but also facilitate the development of enterprises. And when deciding cases, they should not only apply laws and regulations but also take into account the policies issued by the government to cope with the global financial crisis. In addition, courts should encourage employees and employers to solve their disputes through consultation and mediation, rather than through litigation.
The Guiding Opinion appears to be another step back from the rule of law. Rather than strictly and consistently applying the law, courts are being explicitly encouraged to take political considerations into account when deciding employment cases. This appears to be part of the “Three Supremes” doctrine espoused by President Hu Jintao, under which courts should primarily take into account the Communist Party’s interests and then the people’s interests before applying the constitution and the law.