本报讯 为深化劳动争议多元化解，切实维护劳动者合法权益，构建和谐劳动关系，近日，重庆市 城口县人民法院、县总工会、县人力社保局、县司法局、县检察院联合召开"代表委员﹢五方联动"群体 性劳动争议化解座谈会。 城口县人大代表喻世建、肖远高，政协委员周术容结合本次座谈会所涉案件工作实际，就加强弱势 劳动者权益保护、鼓励劳动者合法维权等问题提出工作建议。（王瑞雪 谢佳） 来源：人民法院报 参会单位人员共同学习了《最高人民法院关于审理劳动争议案件适用法律问题的解释（二）》，针 对社会关注的热点问题并结合城口县实际情况，对加强劳动争议源头治理、调裁审对接、联合调解、联 合普法等工作进行交流探讨。 ...

Core Viewpoint - The rise of "unpaid trial work" is emerging as a new trap that undermines workers' rights, revealing deep-seated governance issues in the labor market [1] Group 1: Nature of "Unpaid Trial Work" - "Unpaid trial work" is essentially a malicious circumvention of labor laws, as the Labor Contract Law in China stipulates that the probation period must be included in the contract duration and must specify the duration and salary [1] - Illegal enterprises deliberately blur the concepts of "trial work" and "probation," transforming the statutory probation period into an unregulated cheap labor period [1] - This practice bypasses the regulation that probationary wages cannot be lower than 80% of the contractual salary, allowing companies to dismiss employees under the pretext of "mismatch" [1] Group 2: Challenges Faced by Workers - Workers face difficulties in asserting their rights due to three main factors: 1. Difficulty in recognizing labor relationships, as illegal enterprises often evade written contracts and rely on verbal agreements, leaving workers helpless when faced with blank attendance sheets [2] 2. Bottlenecks in labor dispute resolution, with complaints taking months to process, creating pressure for workers eager to find employment [2] 3. An imbalance in employment leading to a loss of bargaining power for workers, who may feel compelled to accept unpaid trial work despite knowing its implications [2] Group 3: Solutions to the Dilemma - To address these issues, a multi-faceted approach is necessary: 1. Strengthening administrative oversight through a "double random, one public" inspection mechanism targeting frequently complained enterprises [2] 2. Improving legal remedies by shifting the burden of proof to enterprises in disputes and establishing a "one-stop service" for labor rights protection [2] 3. Building harmonious labor relations by enhancing union services, embedding labor rights education in recruitment, and increasing media supervision to raise social awareness [3]

Group 1 - The core viewpoint emphasizes the commitment of the Nanjing Municipal Procuratorate to protect citizens' rights and interests through various initiatives aimed at addressing pressing public concerns [1][2][4] - The Nanjing Municipal Procuratorate has identified eight key areas for public benefit, including information security protection and labor rights, which have received widespread public support [1][2] - The prosecution of a criminal gang involved in the illegal acquisition and sale of personal information highlights the efforts to safeguard citizens' privacy and security [2][3] Group 2 - The Nanjing Municipal Procuratorate has streamlined processes for new employment forms, significantly reducing the time required for obtaining necessary qualifications for drivers in the ride-hailing industry from 20 days to 10 days [4][5] - A mechanism has been established to assist migrant workers in recovering unpaid wages, resulting in the recovery of 620,000 yuan for 57 workers this year [5][6] - The establishment of a comprehensive service network, including online and offline channels, has improved accessibility for citizens seeking legal assistance, exemplified by the remote video confirmation process for legal documents [6][7] Group 3 - The Nanjing Municipal Procuratorate has implemented a "1+13" service matrix to enhance community engagement and provide on-site resolution for civil disputes, achieving a 92.7% initial resolution rate for public complaints [7]

Core Viewpoint - Background checks have become a common practice in recruitment, but there are growing concerns about privacy invasion and inappropriate evaluations of candidates, leading to calls for stricter regulations and ethical standards in the process [1][2][3] Group 1: Background Check Practices - Background checks are increasingly extensive, covering not only professional history but also personal aspects such as marital status and social relationships, which raises ethical concerns [1][2] - The original intent of background checks should be to verify relevant professional information, such as work history and criminal records, rather than to conduct moral judgments on personal lives [1][2] Group 2: Legal and Regulatory Framework - The Personal Information Protection Law establishes the "minimum necessity principle," requiring companies to collect only information directly related to recruitment and to obtain explicit consent from candidates [2] - There is a need for legislative refinement to define the scope of permissible background checks and to prohibit the collection of sensitive data, with increased penalties for violations [2] Group 3: Recommendations for Improvement - Multiple approaches are necessary to curb the misuse of background checks, including legislative measures, technological oversight, industry self-regulation, and empowering candidates to assert their rights [2][3] - Background check agencies should establish professional standards, such as requiring written evidence for negative information and implementing mechanisms for dispute review to maintain objectivity [2]

Core Insights - The new employment forms based on digital economy and artificial intelligence are becoming a significant part of China's employment landscape, with a focus on promoting flexible employment while ensuring labor rights protection during the "14th Five-Year Plan" period [3][4]. Group 1: Characteristics of Flexible Employment and New Employment Forms - During the "14th Five-Year Plan" period, flexible employment and new employment forms are expected to expand significantly, becoming a major growth point for employment [4]. - The development of the digital economy will create more new business models and opportunities for flexible employment, with "one-person armies" emerging as a new entrepreneurial model [4][5]. - The rise of digital gig platforms is enhancing labor matching efficiency, with new employment forms primarily seen in sectors like ride-hailing, food delivery, e-commerce, and short video creation [4][5]. Group 2: Improvement in Employment Quality - The quality of flexible employment is continuously improving, moving away from being associated solely with low-end jobs [5]. - Digital platforms are enhancing standardization, management, and transparency in flexible employment, leading to increased income levels for some flexible workers, surpassing traditional employment [5][6]. - The proliferation of flexible employment is encouraging continuous learning and skill enhancement among workers, contributing to human capital accumulation and improved employment quality [5][6]. Group 3: Challenges in Labor Rights Protection - There are significant shortcomings in the protection of rights for flexible employment and new employment form workers, primarily due to ambiguous legal relationships and unclear definitions of "incomplete labor relationships" [6][7]. - The high costs associated with social insurance for flexible workers deter participation, and tax issues related to income and labor remuneration remain problematic for platform companies [6][7]. - The mechanisms for handling labor disputes are inadequate, leading to high costs and long durations for workers seeking to protect their rights [6][7]. Group 4: Recommendations for Rights Protection - The "14th Five-Year Plan" period should focus on establishing a comprehensive labor rights protection system tailored to new employment forms, ensuring legal coverage for all workers [7][8]. - There is a need for policies that better align with the characteristics of new employment methods and income patterns, as well as mechanisms for stable income growth [7][8]. - Enhancing skills training support and optimizing platform governance mechanisms are essential to improve the working environment for flexible employment [8][9].

Core Viewpoint - The Supreme People's Court issued guidelines to support the healthy development of the private economy in China, addressing challenges faced by private enterprises and providing stronger legal protections [2][3]. Group 1: Legal Framework and Market Access - The guidelines emphasize the implementation of a "non-prohibition, non-entry" policy and a unified negative list for market access, particularly in sectors like construction, real estate, and natural monopolies [2]. - It highlights the need for fair adjudication in cases involving monopolistic disputes in the technology sector, distinguishing between normal exercise of intellectual property rights and anti-competitive behavior [2]. Group 2: Financial Support and Regulation - The guidelines aim to alleviate financing difficulties for private enterprises by regulating financial institutions' practices regarding loan conditions and illegal lending activities [3]. - It calls for strict penalties against illegal lending practices and encourages a more orderly private financing environment to help private enterprises overcome "difficult and expensive financing" issues [3]. Group 3: Internal Governance and Corruption - The guidelines propose measures to combat internal corruption within private enterprises and facilitate resolution of disputes among shareholders through legal means [3]. - It stresses the importance of holding controlling shareholders accountable for actions that may harm the enterprise, such as misappropriation of funds and improper guarantees [3]. Group 4: Labor Rights and Consumer Protection - The guidelines reinforce the protection of labor rights, stating that any agreement to not pay social insurance is invalid, thus supporting workers' claims for compensation [4]. - It introduces punitive compensation for food and drug violations and aims to regulate prepayment consumption disputes to protect consumer rights while promoting honest business practices [4]. Group 5: Enforcement and Credit System - The guidelines outline strict enforcement against online violence and defamation of private enterprises, emphasizing the protection of their reputation and legal rights [5]. - Recent data shows a significant decrease in the number of individuals listed as untrustworthy, indicating improvements in compliance and credit restoration efforts [5][6].

Core Viewpoint - The court ruled that the employer unlawfully terminated the labor relationship with the employee, requiring compensation of 120,000 yuan due to unreasonable work demands placed on the employee [1][3]. Group 1: Employee Rights and Employer Responsibilities - Employers must consider the reasonable workload and capabilities of employees when assigning tasks, avoiding excessive demands that infringe on workers' rights [1][2]. - The law stipulates that termination is only justified in cases of serious violations of labor discipline or significant losses caused by the employee, not for minor infractions [2][3]. - Employees have the right to refuse unreasonable work assignments, and such refusals should not be grounds for termination [3]. Group 2: Legal Implications and Labor Relations - The case highlights the importance of maintaining a balanced and respectful labor relationship, where employers cannot exploit employees by imposing unmanageable workloads [3]. - Judicial decisions serve to reinforce the rights of employees against unreasonable demands, promoting a fairer labor environment [3].

Group 1 - The core viewpoint of the article emphasizes the introduction of pilot measures aimed at promoting reforms in various sectors, including trade, investment, intellectual property protection, government procurement reform, labor rights protection, state-owned enterprise reform, and environmental protection [1] - Nearly half of the total pilot measures being promoted are focused on areas such as intellectual property protection and labor rights, indicating a significant commitment to enhancing these sectors [1] - The measures are expected to create a transparent, stable, and predictable institutional environment, which is crucial for fostering economic growth and attracting investment [1]

Core Viewpoint - The incident highlights a significant issue regarding employee rights and workplace culture, particularly in how HR handled a sick employee's request for leave, reflecting a lack of empathy and respect for labor rights [2][3][4]. Group 1: Employee Rights and Labor Laws - Labor laws in China clearly stipulate the rights of employees to take sick leave for treatment and rest, emphasizing the need for companies to protect and respect these rights [3]. - The company's attempt to downplay the incident as a personal dispute fails to recognize the psychological impact of HR's derogatory remarks on the employee, indicating a violation of personal rights and labor rights [3][4]. Group 2: Workplace Culture and Management - The incident reveals a broader issue of workplace culture, where employees may feel pressured not to take sick leave due to fear of ridicule or negative consequences, suggesting a lack of proper institutional support [4][5]. - The HR's actions, including deleting the employee's work account and zeroing out performance pay, demonstrate a lack of transparent processes and respect for employee rights, indicating potential deficiencies in management culture [4][5]. Group 3: Company Response and Future Considerations - The involved company has announced the termination of the HR's contract and has made arrangements for the affected employee, indicating a recognition of the need for corrective action [4]. - There is a call for the company to reflect on the difficult circumstances employees face when requesting leave, and to address underlying cultural issues to foster a more supportive work environment [5].

Core Viewpoint - The article emphasizes the increasing importance of labor rights protection in China, highlighting recent adjustments in labor laws and regulations since 2025, which necessitate higher compliance standards in human resource management for companies [1]. Recruitment and Onboarding Stage - Recruitment advertisements must avoid discriminatory language related to gender or marital status [1]. - Background checks require employee consent and should focus solely on job-related information; failure to verify if a candidate has resolved their previous employment can lead to joint liability [1][2]. - Issuing written offers without proper consideration may result in "contractual negligence" claims [2]. In-Job Management Stage - The maximum probation period is six months, with probationary wages not less than 80% of the regular salary and local minimum wage [2]. - Leave policies must be clearly defined, and annual leave cannot be forcibly forfeited [2]. - Salary calculations for overtime must adhere to specific rules: double pay for weekend work and triple pay for public holidays; performance metrics should be quantifiable, and employees must sign off on assessment results [2]. - Special provisions exist for female employees during pregnancy, maternity, and breastfeeding periods regarding disciplinary actions [2]. Termination and Transition Stage - During termination negotiations, both parties should agree on compensation; evidence must be retained for dismissals due to misconduct, while non-misconduct terminations require prior notice and compensation [2]. - Exit documents must clearly state contract duration, and employee files and social security must be transferred within 15 days [2]. - For employees under non-compete agreements, companies must provide monthly compensation, and penalties for breach must be reasonable [2]. Additional Insights - The article suggests that the discussed points are just the tip of the iceberg regarding human resource compliance, with more detailed insights available in a course that covers compliance from recruitment to termination [3]. - The course includes five sessions totaling 1 hour and 56 minutes, covering legal compliance, recruitment channels, candidate selection, contract signing, and management of probation periods [4][5].