Regulations Of The People'S Republic Of China On The Settlement Of Labor Disputes In Enterprises

Article 1 These Regulations are formulated for the purpose of properly handling labor disputes in enterprises, ensuring the legitimate rights and interests of enterprises and employees, maintaining normal order of production and operation, developing good labor relations, and promoting the smooth development of reform and opening up.

The second article applies to the following labor disputes between enterprises and employees in People's Republic of China:

(1) disputes arising from the expulsion, delisting, dismissal of employees and the resignation of employees and automatic turnover.

(two) disputes arising from the implementation of the relevant provisions of the State concerning wages, insurance, welfare, training and labor protection;

(three) disputes arising from the performance of labor contracts;

(four) other labor disputes that shall be dealt with in accordance with these regulations by laws and regulations.

The third party and the employee are the parties to the labor dispute case.

Fourth, the following principles should be followed in handling labor disputes:

(1) focus on Mediation and deal with it in a timely manner;

(two) on the basis of finding out the facts, handling them according to law;

(three) all parties concerned are equal in applicable law.

Where fifth workers who have labor disputes have more than 3 party members and have common grounds, they should elect representatives to participate in mediation or arbitration activities.

After the sixth labor dispute occurs, the parties concerned should resolve it through consultation. If they do not want to negotiate or fail to negotiate, they can apply for mediation to the labor dispute mediation committee of the enterprise. If mediation fails, they may apply to the labor dispute arbitration committee for arbitration.

The parties may also apply directly to the labor dispute arbitration committee for arbitration.

Those who refuse to accept the arbitral award may bring a suit in a people's court.

In the process of handling labor disputes, the parties must not have any conflicting actions.

The seventh enterprises may establish a labor dispute mediation committee (hereinafter referred to as the mediation committee).

The mediation committee is responsible for mediating labor disputes arising from this enterprise.

The conciliation committee is composed of the following persons:

(1) staff representatives;

(two) enterprise representatives;

(three) trade union representatives.

The staff representatives are elected by the staff congress (or the staff meeting, the same next); the enterprise representative is designated by the director of the factory (the manager); the trade union representative of the enterprise is designated by the trade union committee of the enterprise.

The specific number of the members of the mediation committee is proposed by the staff congress and negotiated with the director (Manager). The number of the representatives of the enterprise shall not exceed 1 / 3 of the total number of the members of the mediation committee.

The director of the eighth mediation committee shall be represented by an enterprise union representative.

The working body of the mediation committee is set up in the enterprise trade union committee.

Ninth enterprises that do not have trade union organizations, and the establishment and composition of the conciliation committee shall be decided by the staff representatives and the representatives of the enterprises.

The tenth mediation committee shall settle the labor dispute within 30 days from the date when the party applies for mediation.

The eleventh mediation committee shall abide by the principle of voluntariness of both parties when mediating labor disputes. After reaching an agreement through mediation, a mediation agreement shall be made. The parties concerned shall consciously fulfill it. If mediation fails, the parties may apply to the labor dispute arbitration committee for arbitration within the prescribed time limit.

Twelfth labor disputes arbitration committees shall be established in the counties, cities, and municipal districts.

The thirteenth arbitration committee is composed of the following personnel:

(1) representatives of the competent labor administrative departments;

(two) representatives of trade unions;

(three) representatives of the government's designated comprehensive economic management departments.

The members of the arbitration commission must be singular, and the director shall be the person in charge of the labor administrative department.

The labor dispute handling organ of the labor administrative department is the administrative body of the arbitration committee, and is responsible for handling the daily affairs of the arbitration committee.

The Arbitration Commission implements the principle of majority compliance.

The fourteenth Arbitration Commission deals with labor disputes and applies arbitrators and arbitral tribunals.

Fifteenth, the Arbitration Commission may appoint personnel, trade union workers, experts, scholars and lawyers of the labor administrative department or other relevant departments of the government as full-time or part-time arbitrators.

A part-time arbitrator and a full-time arbitrator shall have the same rights in carrying out the arbitration business.

When a part time arbitrator conducts arbitration activities, the unit in question shall give support.

The sixteenth Arbitration Commission shall form an arbitration tribunal in handling labor disputes.

The arbitral tribunal consists of 3 arbitrators.

In simple labor dispute cases, the Arbitration Commission may appoint 1 arbitrators to deal with it.

The arbitration tribunal's handling of major or difficult labor dispute cases can be submitted to the Arbitration Commission for discussion and decision, and the arbitration tribunal's decision must be carried out by the arbitration tribunal.

The seventeenth arbitration committees of counties, cities and municipal districts are responsible for labor disputes in their administrative areas.

The scope of labor dispute cases shall be stipulated by the arbitration committees of the cities in the districts and the arbitration committees of the municipal districts, and shall be prescribed by the people's governments of the provinces and autonomous regions.

Eighteenth enterprises and workers who have labor disputes are not in the jurisdiction of the same arbitration committee, and shall be dealt with by the arbitration committees at the location where the wage relations between employees are located.

Nineteenth parties may entrust 1 to 2 lawyers or others to take part in arbitration activities.

When entrusting another person to participate in arbitration activities, he must submit to the arbitration commission a letter of attorney with the signature or seal of the client, and the entrustment shall clearly specify the entrusted matters and powers.

Twentieth workers without or with limited capacity for civil conduct may be allowed to participate in arbitration activities by their legal representatives. If there is no legal representative, the Arbitration Commission shall appoint its designated agent to participate in arbitration activities.

The twenty-first parties can reconcile themselves.

Twenty-second third persons who are interested in the handling of labor dispute cases may apply for arbitration activities or be informed by the Arbitration Commission of their participation in arbitration activities.

The twenty-third party shall apply to the Arbitration Commission for arbitration in writing within 6 days from the date of knowing or should know that its rights are infringed.

The Arbitration Commission shall accept the limitation of time when the party applies for arbitration because of force majeure or other justifiable reasons.

The twenty-fourth party shall submit a written complaint to the Arbitration Commission for arbitration, and submit a copy according to the number of the accused.

The complaint shall include the following:

(1) the names, occupations, addresses and working units of the employees concerned; the name and address of the enterprise and the name and duty of the legal representative;

(two) the arbitration request and the facts and reasons;

(three) evidence, witness's name and address.

The twenty-fifth Arbitration Commission shall decide whether to accept or reject the application within 7 days from the date of receiving the written complaint.

If the Arbitration Commission decides to accept the case, it shall, within 7 days after the decision is made, deliver the copy of the complaint to the defendant and form an arbitration tribunal. If the decision is not accepted, the reason shall be explained.

The defendant shall submit his defence and relevant evidence within 15 days from the date of receipt of the copy of the petition.

If the defendant fails to submit the bill on time or fails to submit a written reply, it will not affect the hearing of the case.

The Arbitration Commission shall have the right to require the parties to provide or supplement evidence.

The twenty-sixth arbitral tribunal shall deliver the written notice of the time and place of the court to the litigant 4 days before the opening of the court.

If the party has received a written notice, refuses to appear in court without proper reasons or withdraws from the court without the consent of the arbitration tribunal, the complainant may, in accordance with the withdrawal procedure, make an award in absences.

The twenty-seventh arbitral tribunal shall first mediate in handling labor disputes, and, on the basis of finding out facts, urge the parties concerned to reach an agreement voluntarily.

The contents of the agreement shall not violate laws and regulations.

If the twenty-eighth mediation agreement is reached, the arbitration tribunal shall make a conciliation statement according to the contents of the agreement, and the mediation agreement shall have legal effect from the date of service.

If the mediation fails to reach an agreement or the parties concerned return the case before the mediation is served, the arbitration tribunal shall make a ruling in time.

The twenty-ninth arbitral tribunal adjudication labor disputes cases, the implementation of the principle of minority obedience to the majority, different opinions must be recorded truthfully.

After making the ruling, the arbitral tribunal shall make an award and serve it to both parties.

If the thirtieth party disagrees with the arbitral award, it may bring a suit in a people's court within 15 days from the date of receiving the award.

The thirty-first parties shall perform the mediation documents and the arbitral awards with legal effect in accordance with the prescribed time limit.

If one party fails to perform within the time limit, the other party may apply for enforcement by the people's court.

The thirty-second arbitral tribunal shall settle the labour dispute within 60 days from the date of forming the arbitration tribunal.

If the case is complicated and needs to be postponed, it may be appropriately postponed by the approval of the Arbitration Commission, but the extension period shall not exceed 30 days.

The thirty-third Arbitration Commission, when handling labor disputes, has the right to consult relevant units for archives, materials and other supporting materials related to the case, and has the right to investigate the insiders, and the relevant units and individuals may not refuse.

The Arbitration Commission may entrust an investigation.

The Arbitration Commission and its staff shall keep confidential the secrets and personal secrets involved in the investigation of labor disputes.

The thirty-fourth parties to a labor dispute apply for arbitration, and shall pay the arbitration fee in accordance with the relevant provisions of the state.

Arbitration fee includes case acceptance fee and processing fee.

The standards and methods for charging shall be stipulated by the labor administrative department of the State Council in conjunction with the financial administrative department under the State Council and the State Council's commodity price administrative department.

Article thirty-fifth the members of the arbitration commission or arbitrators shall be evaded in any of the following circumstances, and the parties shall have the right to apply for withdrawal by writing orally or in writing.

(1) parties to a labour dispute or near relatives of the parties concerned;

(two) having a stake in labour disputes;

(three) there are other relations with the parties to a labour dispute, which may affect the impartiality of arbitration.

The thirty-sixth Arbitration Commission shall make timely decisions on the application for withdrawal and notify the parties in writing orally.

If the thirty-seventh parties concerned and one of the persons concerned have one of the following acts in the process of handling the labor dispute, the Arbitration Commission may criticize, educate, and make corrections; if the circumstances are serious, it shall be punished according to the relevant provisions of the regulations of the People's Republic of China on public security administration punishment; if a crime is constituted, the criminal responsibility shall be investigated according to law.

(1) interfering with mediation and arbitration activities, and obstructing the execution of official duties by arbitration staff;

(two) providing false information;

(three) refusing to provide relevant documents, materials and other supporting materials;

(four) retaliate against the arbitrator, the arbitrator, the witness and the assisting executor.

The thirty-eighth arbitrators who deal with labor disputes, who engage in malpractices for selfish ends, accept bribes, abuse their power, disclose secrets and personal privacy in arbitration activities, shall be subject to administrative sanctions by the units in which they belong or the higher authorities. The arbitrators shall dismiss them. If a crime is constituted, they shall be investigated for criminal responsibility according to law.

Labor disputes between thirty-ninth state organs, public institutions, social organizations and workers of the unit, between individual industrial and commercial households, helpers and apprentices, shall be implemented in accordance with these regulations.

Fortieth organizational rules of the Arbitration Commission