Legal analysis: 1. During the period of labor dispute arbitration, the respondent may file a counterclaim during the period of labor arbitration 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. 2. If the counterclaim is a dispute that should be submitted for arbitration separately, the Arbitration Commission shall notify the respondent in writing to apply for arbitration separately; If the counterclaim is not a dispute that should be accepted according to these Rules, the Arbitration Commission shall issue a notice of rejection to the respondent. 3. After the expiration of the defense period, if the respondent makes a counterclaim against the applicant, it shall make a counterclaim again and handle it separately. 4. Whether the defendant can file a counterclaim in the first instance of labor dispute litigation is controversial. Under normal circumstances, the defendant in the first instance has the right to counterclaim before the expiration of the time limit for adducing evidence in the first instance. The applicant may add or change the labor dispute arbitration request before the expiration of the time limit for adducing evidence; If the arbitration tribunal considers that the arbitration request added or changed by the applicant should be accepted after examination, it shall notify the respondent and give a time limit for reply, unless the respondent explicitly waives the time limit for reply. If the applicant adds or changes the arbitration claim after the expiration of the time limit for adducing evidence, it shall make a separate request and handle it separately.
Legal basis: Article 36 of the Arbitration Rules for Labor and Personnel Disputes in People's Republic of China (PRC), the respondent may file a counterclaim during the defense period, and the arbitration commission shall decide whether to accept the counterclaim within five days from the date of receiving it and notify the respondent.
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.