Labor Dispute Mediation And Arbitration Law Of The People'S Republic Of China

(adopted at the thirty-first session of the Standing Committee of the Tenth National People's Congress on December 29, 2007)

general provisions

Article 1 this law is formulated for the purpose of settling labor disputes in a fair and timely manner, protecting the legitimate rights and interests of litigants, and promoting harmonious and stable labor relations.

Second the following labor disputes arising from the employing units and workers in People's Republic of China shall be governed by this Law:

(1) disputes arising from the confirmation of labor relations;

(two) disputes arising from the conclusion, performance, alteration, termination and termination of labor contracts;

(three) disputes arising from delisting, resignation and resignation;

(four) disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;

(five) disputes arising from labor remuneration, medical expenses for work-related injuries, financial compensation or compensation.

(six) other labor disputes stipulated by laws and regulations.

Third, in settling labor disputes, we should protect the legitimate rights and interests of the parties in accordance with the law in accordance with the facts and following the principles of legality, impartiality, timely and mediation.

In the fourth case of labor disputes, workers can consult with employers, or they can ask unions or third parties to negotiate with employers to reach a settlement agreement.

Fifth where a labor dispute arises, if the parties do not want to negotiate, fail to negotiate or fail to fulfill the settlement agreement, they may apply to the mediation organization for mediation. If they do not wish to mediate or conciliate or fail to fulfill the mediation agreement, they may apply to the labor dispute arbitration committee for arbitration. If they refuse to accept the arbitration award, they may bring a suit in the people's court except for otherwise stipulated by this law.

In the sixth case of labor disputes, the parties have the responsibility to provide evidence for their own claims.

The evidence relating to the dispute is under the control of the employing unit, and the employing unit shall provide it. If the employer fails to provide the evidence, it shall bear adverse consequences.

Where seventh workers who have labor disputes have more than ten persons and have joint requests, they may elect representatives to participate in mediation, arbitration or litigation activities.

The eighth labor departments at the county level or above set up the three party mechanism to coordinate labor relations with representatives of trade unions and enterprises.

Ninth, if the employer violates the state regulations, arrears or fails to pay labor remuneration in full, or fails to pay medical expenses, economic compensation or compensation for work-related injuries, the worker may complain to the labor administrative department, and the labor administrative department shall deal with it according to law.

The second chapter is mediation.

Tenth in case of a labor dispute, the parties may apply to the following mediation organizations for mediation:

(1) enterprise labor dispute mediation committee;

(two) grass-roots people's mediation organizations established according to law;

(three) organizations with labor dispute mediation functions set up in townships and streets.

The enterprise labor dispute mediation committee is composed of staff representatives and enterprise representatives.

The staff representatives shall be held by trade union members or elected by all staff members, and the representatives of enterprises shall be designated by the person in charge of the enterprise.

The director of the labor dispute mediation committee of the enterprise shall be a member of the trade union or a member elected by both sides.

The mediators of the eleventh labor dispute mediation organizations should be fair and upright, contact the masses, work enthusiastically, and have adult citizens with certain legal knowledge, policy level and cultural level.

Twelfth parties applying for labor dispute mediation may apply in writing or orally.

If an oral application is made, the conciliation organization shall record the basic situation of the applicant, the dispute, the reason and the time for applying for mediation on the spot.

The thirteenth, when mediating labor disputes, we should fully listen to both parties' statements of facts and reasons, patiently guide them, and help them reach an agreement.

Article fourteenth a mediation agreement shall be made after reaching an agreement through mediation.

The mediation agreement shall be signed or sealed by both parties, and shall become effective after being signed by the mediator and affixed with the seal of the organization seal. The mediation agreement shall be binding upon both parties and the parties concerned shall perform it.

If a mediation agreement is not reached within fifteen days from the date of receiving the application for mediation by the labor dispute mediation organization, the parties concerned may apply for arbitration according to law.

After the fifteenth parties have reached a conciliation agreement, the other party may apply for arbitration in accordance with the law if the party does not perform the mediation agreement within the term of the agreement.

Sixteenth, a mediation agreement is reached due to payment of arrears of labor remuneration, medical expenses for work injury, economic compensation or compensation. If the employer fails to perform within the agreed time limit, the laborer may apply for payment order to the people's court according to the mediation agreement.

The people's court shall issue a payment order in accordance with the law.

The third chapter is arbitration.