What Are The Specific Principles Of Labor Dispute Arbitration?

(1) the principle of mediation in advance.

That is, the arbitration commission or arbitral tribunal shall first make conciliation before deciding, and shall not generally decide without mediation.

Prior mediation is a necessary procedure for arbitration. However, when a party refuses to conciliate or conciliate, it should be judged in time.

(2) avoidance principle.

It means that the members of the arbitration commission or arbitrators, when arbitral labor disputes are considered, are considered to be legally excluded from the case, or the parties believe that the arbitrators have a statutory withdrawal circumstance, which may affect the impartial verdict, and may automatically or apply for withdrawal.

(3) the minority is subordinate to the majority principle.

The Arbitration Commission and the arbitral tribunal are composed of three or more than three odd numbers.

In order to guarantee the objective and impartiality of the award, the thirteenth, twenty-ninth provision of the regulations on labor dispute handling of enterprises stipulates that the labor dispute arbitration committee and the labor dispute arbitration tribunal shall handle the labor dispute cases and make the arbitration awards according to the principle of majority compliance.

(4) the principle of one adjudication.

It means that the ruling of any level labor dispute arbitration committee is final. If the parties refuse to accept the award, they can not apply for arbitration again to the higher level arbitration committee. They can only bring a suit in the people's court within the prescribed time limit.

The implementation of a ruling principle can solve labor disputes in a timely manner.