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

Catalog

general provisions

The second chapter is mediation.

The third chapter is arbitration.

Section 1 General Provisions

The second section applies and accepts.

Third sessions and decisions

Fourth chapter supplementary provisions chapter I 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 occurs, 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.

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.

Article fifteenth after a settlement agreement is reached, if one party fails to carry out the mediation agreement within the agreed time limit, the other party may apply for arbitration according to law.

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 arbitration first section general provisions

The seventeenth labor dispute arbitration committee shall be established in accordance with the principle of overall planning, rational layout and practical needs.

The people's governments of provinces and autonomous regions may decide to set up in cities and counties, and the people's governments of municipalities directly under the central government may decide to establish them in districts and counties.

One or several labor dispute arbitration committees may also be established in municipalities directly under the central government or cities with districts.

The labor dispute arbitration committee shall not be established according to administrative divisions.

Eighteenth the labor administrative departments under the State Council shall formulate arbitration rules in accordance with the relevant provisions of this law.

The labor administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall guide labor disputes arbitration in their respective administrative regions.

The nineteenth labor dispute arbitration committee consists of representatives of labor administrative departments, trade union representatives and representatives of enterprises.

The members of the labor dispute arbitration committee should be singular.

The labor dispute arbitration committee shall perform the following duties according to law:

(1) appointment or dismissal of full-time or part-time arbitrators;

(two) accepting labor dispute cases;

(three) discuss major or difficult labor dispute cases;

(four) supervision of arbitration activities.

The labor dispute arbitration committee shall set up an office to handle the daily work of the labor dispute arbitration committee.

Twentieth labor dispute arbitration committees should set up a roll off list.

Arbitrators should be fair and upright and meet one of the following requirements:

(1) having served as a judge;

(two) engaged in legal research and teaching work with intermediate or above titles;

(three) full legal knowledge, human resources management or trade union professional work for five years;

(four) lawyers have practising for three years.

The twenty-first labor dispute arbitration committee is responsible for the control of labor disputes in this area.

Labor disputes shall be under the jurisdiction of the labor dispute arbitration committee at the place where the labor contract is performed or the place where the employing unit is located.

Where both parties apply for arbitration to the labor dispute arbitration committee at the place where the labor contract is performed and the place where the employer is located, the labor dispute arbitration committee of the place where the labor contract is performed shall be under the jurisdiction of the parties concerned.

The twenty-second labor dispute and the employing unit are the parties to the labor dispute arbitration case.

Where a labor dispute arises between a labor dispatching unit or an employing unit and a laborer, the labor dispatching unit and the employing unit shall be the joint parties.

Twenty-third third persons who are interested in the handling of labor dispute cases may apply for arbitration activities or be informed by the labor dispute arbitration committee to participate in arbitration activities.

The twenty-fourth party may entrust an agent to participate in arbitration activities.

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

Twenty-fifth workers who lose or partially lose their civil capacity shall be represented by their legal representatives to participate in arbitration activities; if there is no legal representative, the labor dispute arbitration commission shall be the designated agent.

Where a worker dies, his near relatives or agents shall take part in the arbitration activities.

The twenty-sixth labor dispute arbitration is carried out openly, but the parties' agreement is not open or involving state secrets, business secrets and personal privacy.

The second section applies and accepts.

The limitation period for application of the twenty-seventh labor dispute arbitration is one year.

The time limit for arbitration shall be counted from the date when the party knows or should know that his rights are infringed.

The limitation of arbitration stipulated in the preceding paragraph shall be interrupted because one party claims the right of the other party, or claims the right relief to the relevant department, or the other party agrees to perform its obligations.

The time limit for arbitration shall be recalculated from the time of interruption.

Due to force majeure or other valid reasons, the parties concerned can not apply for arbitration in the period of limitation of arbitration stipulated in the first paragraph of this article, and the limitation of arbitration shall be suspended.

The time limit for arbitration shall continue to be calculated from the date when the cause of suspension is eliminated.

In case of disputes over the labor remuneration during the duration of the labor relations, the worker's application for arbitration shall not be restricted by the limitation period stipulated in the first paragraph of this article. However, the termination of labor relations shall be submitted within one year from the date of termination of the labor relations.

The twenty-eighth applicant shall submit a written arbitration application for arbitration and submit a copy according to the number of applicants.

The arbitration application shall specify the following items:

(1) the name, sex, age, occupation, work unit and residence of the laborer; the name and domicile of the employing unit, the name and duty of the legal representative or the principal person in charge;

(two) the arbitration request and the facts and reasons on which it is based;

(three) the source of evidence and evidence, the name and residence of witnesses.

If there is any difficulty in writing an arbitration application, it may apply orally, and the labor dispute arbitration committee shall record it in a written record and inform the other party.

The twenty-ninth labor dispute arbitration committee shall, within five days from the date of receipt of the arbitration application, consider that it meets the conditions of acceptance, and shall accept the application and notify the applicant. If it considers that it does not meet the conditions for acceptance, it shall notify the applicant in writing, not to accept the case, and to explain the reason.

If the labor dispute arbitration committee fails to accept the decision or fails to make a decision within the time limit, the applicant may bring a lawsuit to the people's Court on the labour dispute.

The thirtieth labor dispute arbitration committee shall submit the copy of the arbitration application to the respondent within five days after accepting the arbitration application.

After receiving the copy of the arbitration application, the respondent shall submit a reply to the labour dispute arbitration committee within ten days.

After receiving the reply, the labor dispute arbitration committee shall deliver the copy of the reply to the applicant within five days.

If the respondent fails to submit a written reply, it will not affect the arbitration proceedings.

Third sessions and decisions

The thirty-first labor dispute arbitration committee has arbitral tribunal system in deciding labor dispute cases.

The arbitral tribunal consists of three arbitrators and the chief arbitrator.

A simple labor dispute case can be arbitrated by an arbitrator alone.

The thirty-second labor dispute arbitration committee shall notify the parties in writing of the composition of the arbitration tribunal within five days from the date of accepting the arbitration application.

The thirty-third arbitrators shall be evaded in any of the following circumstances, and the parties shall also have the right to apply for withdrawal in writing orally or in writing.

(1) the parties concerned or the close relatives of the parties or agents.

(two) having a stake in this case;

(three) there are other relations with the parties and agents in the case, which may affect the impartial rulings.

(four) privately meet with the parties, agents, or accept the invitation from the parties or agents.

The labor dispute arbitration committee shall make timely decisions on the application for withdrawal and notify the party in writing orally.

The thirty-fourth arbitrator has thirty-third or fourth provisions of this law, or if he or she has bribed or bribes, malpractices for selfish ends or acts in adjudication by law, he shall bear legal liability in accordance with the law.

The labor dispute arbitration committee shall dismiss it.