1. The arbitration commission shall decide whether to accept or not and notify the respondent within five days from the date of receiving the counterclaim from the respondent. If the Arbitration Commission decides to accept the case, it may combine the counterclaim and the application for trial;
2. If the counterclaim should be applied for arbitration separately, the Arbitration Commission shall inform the respondent in writing to apply for arbitration separately; If the counterclaim does not belong to the provisions of the Arbitration Rules for Labor and Personnel Disputes, the Arbitration Commission shall issue a notice of rejection to the respondent.
The time limit for adducing evidence in labor arbitration is as follows:
1, the parties shall complete the proof of their claims before the end of the trial;
2. The parties shall submit evidence materials to the Arbitration Commission within the time limit for adducing evidence. If a party fails to submit evidence within the time limit for adducing evidence, it shall be deemed as giving up the right to adduce evidence;
3. If the parties increase or change the appeal request or file a counterclaim, they shall file it before the expiration of the time limit for adducing evidence;
4. If it is really difficult for the parties to submit evidence materials within the time limit for adducing evidence, they shall apply to the Arbitration Commission for an extension of adducing evidence within the time limit for adducing evidence. With the permission of the Arbitration Commission, the time limit for adducing evidence may be appropriately extended, but the longest time shall not exceed 7 days;
5. If it is difficult to identify the disputed facts of the case because the parties have not submitted evidence, the arbitration commission may, according to the needs of the trial, require the party holding the evidence or the party with the burden of proof to provide evidence within a specified time limit.
Legal basis: Article 35 of the Arbitration Rules for Labor and Personnel Disputes.
Before the arbitration result is made, the applicant may voluntarily withdraw the arbitration application. If the applicant applies for arbitration again, the Arbitration Commission shall accept it.
Article 36
The respondent may make a counterclaim during the period of defense, and the arbitration commission shall decide whether to accept or not and notify the respondent within five days from the date of receiving the counterclaim.
If the Arbitration Commission decides to accept the case, it may combine the counterclaim and the application for trial.
If the counterclaim should be applied for arbitration separately, the Arbitration Commission shall notify the respondent in writing to apply for arbitration separately; If the counterclaim does not fall within the provisions of these Rules, the Arbitration Commission shall issue a notice of rejection to the respondent.
After the expiration of the defense period, if the respondent makes a counterclaim against the applicant, it shall apply for arbitration separately.