Notice on Strengthening One-Stop Mediation of Labour Disputes in New Forms of Employment -Ministry of Human Resources and Social Security (MOHRSS) [2024] No. 4

一、充分认识做好新就业形态劳动纠纷调解工作的重要性。近年来，平台经济迅速发展，新就业形态劳动者数量大幅增加，新就业形态劳动纠纷随之增多，新就业形态劳动者维权难、多头跑问题凸显。各地要深入学习贯彻习近平总书记关于“坚持和发展新时代‘枫桥经验’”“坚持把非诉讼纠纷解决机制挺在前面”“抓前端、治未病”等重要指示批示精神，认真践行以人民为中心的发展思想，充分发挥协商调解在矛盾纠纷预防化解和诉源治理中的基础性作用，立足预防、立足调解、立足法治、立足基层，进一步强化多部门协同合作，实现各类调解衔接联动，推动新就业形态劳动纠纷一体化解，服务平台经济规范健康持续发展，维护劳动关系和谐与社会稳定。

二、探索构建一站式调解工作新模式。平台经济活跃、新就业形态劳动纠纷较多地区的人力资源社会保障部门、人民法院、司法行政部门、工会、工商联、企业联合会等单位应当加强合作，充分发挥劳动争议调解、人民调解、司法调解特点优势，积极探索打造“人社牵头、部门协同、行业参与”的工作格局，构建新就业形态劳动纠纷一站式多元联合调解工作模式，在劳动人事争议仲裁院调解中心或者根据实际在相关调解组织增加联合调解职能，有条件的可设立一站式调解中心，做好各类调解衔接联动工作，合力化解新就业形态劳动纠纷。

三、规范有序开展一站式调解工作。根据《中华人民共和国劳动争议调解仲裁法》《中华人民共和国民事诉讼法》及《关于维护新就业形态劳动者劳动保障权益的指导意见》（人社部发〔2021〕56号）等法律政策，受理新就业形态劳动者与平台企业和用工合作企业（以下简称企业）之间因劳动报酬、奖惩、休息、职业伤害等劳动纠纷提出的调解申请，并根据法律法规政策规定及争议事实，遵循平等、自愿、合法、公正、及时原则，注重服务平台经济规范健康持续发展与保护劳动者合法权益并重，帮助当事人在互谅互让的基础上自愿达成调解协议，促进矛盾纠纷实质化解。

四、优化完善一站式调解流程。接到现场调解申请，应当指导申请人写明基本情况、请求事项和事实理由并签字确认；接到通过网络等渠道发来的调解申请，应当及时审核申请内容、材料是否清晰完整并告知当事人。对属于受理范围且双方当事人同意调解的，应当尽快完成受理。对不属于受理范围或者一方当事人不同意调解的，应当做好记录，并口头或者书面通知申请人。调解应当自受理之日起15日内结束，但双方当事人同意延期的可以延长，延长期限最长不超过15日。发生涉及人数较多或者疑难复杂、社会影响力大的劳动纠纷，应当及时报告相关部门，安排骨干调解员迅速介入，积极开展协商调解，并配合相关职能部门和行业主管部门做好联合约谈、现场处置等工作，推动重大集体劳动纠纷稳妥化解。 

ENGLISH TRANSLATION

I. Fully Recognize the Importance of Mediation for labour Disputes in New Forms of Employment. In recent years, with the rapid development of the platform economy, the number of workers in new forms of employment has increased significantly, leading to a rise in labour disputes in these new forms. Issues such as difficulties in rights protection and the need for workers to run around to different departments have become prominent. All localities should thoroughly study and implement the important instructions of General Secretary Xi Jinping, including "adhering to and developing the 'Fengqiao Experience' in the new era", "placing the non - litigation dispute resolution mechanism at the forefront", and "focusing on the front - end and preventing problems before they occur". Earnestly practice the people - centered development philosophy, give full play to the fundamental role of consultation and mediation in preventing and resolving disputes and in the governance of the source of litigation. Based on prevention, mediation, the rule of law, and the grassroots level, further strengthen multi - departmental coordination and cooperation, achieve the connection and linkage of various types of mediation, promote the integrated resolution of labour disputes in new forms of employment, serve the standardized, healthy, and sustainable development of the platform economy, and maintain harmonious labour relations and social stability. 

II. Explore and Build a New Model of One-Stop Mediation. Human resources and social security departments, people's courts, judicial administrative departments, trade unions, federations of industry and commerce, and enterprise confederations in areas with a vibrant platform economy and a relatively high number of labour disputes in new forms of employment should strengthen cooperation. Give full play to the characteristics and advantages of labour dispute mediation, people's mediation, and judicial mediation. Actively explore and create a work pattern of "led by the human resources and social security department, coordinated by various departments, and participated by industries", and build a one - stop multi - joint mediation work model for labour disputes in new forms of employment. Add the joint mediation function to the mediation center of the labour and personnel dispute arbitration institute or, according to the actual situation, to relevant mediation organizations. Where conditions permit, a one - stop mediation center can be established to do a good job in the connection and linkage of various types of mediation and jointly resolve labour disputes in new forms of employment. 

III. Carry Out One-Stop Mediation in a Standardized and Orderly Manner. In accordance with laws and policies such as the "labour Dispute Mediation and Arbitration Law of the People's Republic of China", the "Civil Procedure Law of the People's Republic of China", and the "Guiding Opinions on Protecting the labour Security Rights and Interests of Workers in New Forms of Employment" (Document No. 56 [2021] issued by the Ministry of Human Resources and Social Security), accept mediation applications submitted by workers in new forms of employment regarding labour disputes such as labour remuneration, rewards and punishments, rest, and occupational injuries with platform enterprises and employment cooperation enterprises (hereinafter referred to as "enterprises"). Based on the provisions of laws, regulations, and policies and the facts of the disputes, follow the principles of equality, voluntariness, legality, fairness, and timeliness. Pay equal attention to serving the standardized, healthy, and sustainable development of the platform economy and protecting the legitimate rights and interests of workers, and help the parties reach a mediation agreement voluntarily on the basis of mutual understanding and accommodation, so as to promote the substantive resolution of disputes. 

IV. Optimize and Improve the One - Stop Mediation Process. Upon receiving an on - site mediation application, the applicant should be guided to clearly state the basic information, requests, and facts and reasons, and sign for confirmation. When receiving a mediation application sent through channels such as the Internet, promptly review whether the application content and materials are clear and complete, and inform the parties. For applications that fall within the scope of acceptance and for which both parties agree to mediation, acceptance should be completed as soon as possible. For applications that do not fall within the scope of acceptance or for which one party does not agree to mediation, make a record and notify the applicant orally or in writing. Mediation should be completed within 15 days from the date of acceptance, but can be extended if both parties agree to the extension, with the maximum extension not exceeding 15 days. In case of labour disputes involving a large number of people, being complex and difficult, or having a significant social impact, promptly report to relevant departments, arrange for key mediators to intervene promptly, actively carry out consultation and mediation, and cooperate with relevant functional departments and industry authorities in joint interviews, on - site handling, etc., to promote the stable resolution of major collective labour disputes.