Regulations On Handling Labor Disputes In Enterprises

general provisions

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.

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;

Where fifth workers who have labor disputes have more than three 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.

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

The second chapter is enterprise mediation.

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

(1) staff representatives;

The staff representatives are elected by the workers' Congress (or the workers' Congress and the same below); the enterprise representatives are designated by the director (Manager); the trade union representatives of the enterprises are designated by the enterprise trade union committee.

The specific number of the members of the mediation committee shall be submitted by the workers' Congress and agreed with the director (Manager), and the number of enterprise representatives shall not exceed 1/3 of the total number of members of the conciliation 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 thirty 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 for arbitration to the labor dispute arbitration committee within the prescribed time limit.

The third chapter is arbitration.

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;

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 arbitration.

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.

In a simple labor dispute case, the Arbitration Commission may appoint an arbitrator 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 one or two lawyers or others to take part in arbitration activities.

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 in writing to the Arbitration Commission for arbitration within six months from the date when it knows 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.

(1) the names, occupations, addresses and work units of the employees; the names and addresses of the enterprises and the names and duties of the legal representatives;

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

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

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 four days before the opening of the court.

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.

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.

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 fifteen 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.

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

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.