Legal analysis
Labor arbitration refers to the arbitration and adjudication of labor disputes applied for arbitration by the labor dispute arbitration committee. The legal system of labor arbitration has certain advantages, including: first, it is fast, the means of resolving disputes through arbitration is fast, the procedure is simple and the time is relatively short. Labor disputes need to be handled quickly, and the parties are generally unwilling to spend a long time and a lot of energy on dispute handling. Arbitration just meets this requirement. Two, strong professionalism, arbitration arbitrators are experts from labor and law, with rich experience in handling labor disputes, which is conducive to improving the quality of arbitration cases. However, after the arbitration award becomes legally effective, if the parties fail to perform the arbitration award, the arbitration institution cannot enforce it, and the parties can only apply to the people's court for enforcement. Labor arbitration is different from the arbitration of general economic disputes stipulated in the arbitration law. The difference is that the application procedure and the arbitration of general economic disputes require both parties to reach an arbitration agreement in advance or afterwards before they can apply to an arbitration institution for arbitration; Labor dispute arbitration does not require the parties to reach an arbitration agreement in advance or afterwards. As long as one party applies, the relevant arbitration institution can accept it.
legal ground
Law of People's Republic of China (PRC) on Mediation and Arbitration of Labor Disputes Article 1 This Law is formulated for the purpose of solving labor disputes fairly and promptly, protecting the legitimate rights and interests of the parties concerned and promoting the harmony and stability of labor relations.
Article 2 This Law shall apply to the following labor disputes between employers and employees in People's Republic of China (PRC): (1) Disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts; (3) Disputes arising from delisting, dismissal, resignation or resignation; (4) 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, economic compensation or compensation; (six) other labor disputes as prescribed by laws and regulations.