Labor arbitration refers to the arbitration and adjudication of labor disputes applied for arbitration by the labor dispute arbitration committee. In China, labor arbitration is a necessary procedure for the parties to a labor dispute to bring a lawsuit to the people's court. According to the Labor Dispute Mediation and Arbitration Law [1], the parties who initiate labor arbitration shall submit a written application to the Labor Dispute Arbitration Committee within one year from the date of the labor dispute. Unless the parties are due to force majeure or other legitimate reasons, the Arbitration Commission will not accept the application for arbitration beyond the time limit prescribed by law.
Chinese name
Labor arbitration
Foreign name
Labor arbitration
Non-simplified form
Labor arbitration
spell
Luodang Zhangdang Cai
quick
navigate by water/air
Processing rule
Filing of award
argue
superiority
Basic procedure
Different differences
Organizational rules
Supervised arbitration
legal provision
Arbitration complaint
Need materials
The materials needed for labor arbitration can be divided into three categories: different people need different materials to apply for labor arbitration:
I. If the applicant is an employee, please submit the following materials:
(1) application for labor arbitration (detailing the factual reasons for the application, in duplicate or according to the number of respondents;
(2) the applicant's identity certificate and a copy;
(3) If there is an entrusted agent, a power of attorney shall be signed and submitted in person, indicating the entrusted matters, and a copy of the ID card of the entrusted agent shall be submitted. If the principal's agent is a practicing lawyer sent by a law firm, a copy of the lawyer's practice certificate shall be provided; If the agent of the principal is a citizen, it shall provide the free agency agreement signed with the principal and the legal information on the relationship between the agent and the principal;
(4) industrial and commercial registration information of the respondent;
(5) Proof of the existence of labor relations between the applicant and the respondent (proof materials include: labor contract, temporary residence permit, work permit, factory label, work card, payroll (single), employment registration form, deposit receipt, punishment certificate, notice or proof of dismissal, dismissal, dissolution (or termination) of labor relations, etc. ). When the applicant submits the certification materials, one original and one copy shall be attached, and the original shall be returned after examination;
(6) List of evidence materials submitted in duplicate;
The second category. If the applicant is involved in a collective dispute, please submit the following materials: In addition to the first-class (1) to (6) materials, the applicant recommends three or five employee representatives, and submits the list of employee representatives and the signature form of all employees. Among them, if it is a collective dispute case of unpaid wages, the applicant shall also submit the list of employees who are owed wages by the employer and the balance table of unpaid wages.
The third category. If the applicant is an employer, please submit the following materials:
(1) Copy of the applicant's identity certificate;
(2) Proof of the existence of labor relations between the applicant and the respondent (the same as Item (6) of the first category);
(3) A copy of the business license;
(4) the identity certificate of the legal representative;
(5) If there is an entrusted agent, submit a copy of the ID card of the entrusted agent in the power of attorney (indicating the entrusted matters);
(6) List of documents submitted (in duplicate).
Processing rule
chapter one
Article 1 In order to handle labor and personnel disputes fairly and promptly, these Rules are formulated in accordance with the Law of People's Republic of China (PRC) on Mediation and Arbitration of Labor Disputes (hereinafter referred to as the Mediation and Arbitration Law), the Civil Service Law of People's Republic of China (PRC) (hereinafter referred to as the Civil Service Law), the Regulations of the People's Liberation Army on Civilian Personnel, relevant laws and regulations and relevant provisions of the State Council.
Labor arbitration
Article 2 These Rules shall apply to the arbitration of the following disputes:
(1) Disputes between enterprises, individual economic organizations, private non-enterprise units and other organizations and laborers, and between organs, institutions, social organizations and laborers who have established labor relations with them, such as confirmation of labor relations, conclusion, performance, alteration, dissolution and termination of labor contracts, working hours, rest and vacation, social insurance, welfare, training and labor protection, labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;
(two) disputes arising from the implementation of the Civil Service Law and the appointment system of civil servants, as well as disputes between the organs (units) managed by the Civil Service Law and the appointment system staff;
(three) disputes between institutions and staff due to dismissal, dismissal, resignation, resignation and other dissolution of personnel relations and performance of employment contracts;
(four) disputes between social organizations and staff due to dismissal, dismissal, resignation, resignation, etc., and the performance of the employment contract;
(5) Disputes arising from the performance of employment contracts between military civilian personnel employing units and civilian personnel;
(six) other disputes handled by the arbitration commission as stipulated by laws and regulations.
Article 3 In handling disputes, the Arbitration Commission shall follow the principles of legality and fairness, mediate first and make a timely award.
Article 4 The Arbitration Commission may give priority to accepting disputes involving 10 or more workers or labor disputes arising from the performance of collective contracts.
When handling labor disputes arising from the performance of collective contracts, the Arbitration Commission shall form an arbitration tribunal to handle them according to the principle of tripartite.
Chapter II General Provisions
Article 5 If a labor dispute arises due to the performance of a collective contract and cannot be resolved through consultation, the trade union may apply for arbitration according to law; If a trade union has not been established, the trade union at a higher level shall guide the representatives elected by the employees to apply for arbitration according to law.
Article 6 If there are more than 10 workers in dispute and have the same request, the workers may nominate 3 to 5 representatives to participate in the arbitration activities.
Article 7 A representative's participation in arbitration is valid for the party he represents, but the representative's change, waiver or recognition of the other party's arbitration request and settlement must be approved by the represented party.
Article 8 If the business license of the disputed employer is revoked, ordered to close or revoked, or the employer decides to dissolve or close ahead of schedule and cannot bear relevant responsibilities, the investor, the start-up unit or the competent department shall be regarded as the same party according to law.
Article 9 Where a laborer has a dispute with an individual contractor and applies to the Arbitration Commission for arbitration according to law, the employer and the individual contractor shall be the parties.
Article 10 During the period of applying for the limitation of arbitration, the limitation of arbitration shall be interrupted under any of the following circumstances: from the time of interruption, the limitation of arbitration shall be recalculated:
(1) One party claims rights from the other party through consultation or applying for mediation;
(two) the parties request the right relief by complaining to the relevant departments, applying to the Arbitration Commission for arbitration, bringing a lawsuit to the people's court, applying for a payment order, etc.;
(3) The other party agrees to perform its obligations.
Article 11 A party may not apply for arbitration within the prescribed arbitration period due to force majeure, or the legal representative of a laborer without civil capacity has not been determined, or other legitimate reasons.
Article 12 The place where a labor contract is performed is the place where the laborer actually works, and the place where the employer is registered is the place where the employer is registered. If the employing unit is not registered, the location of its investor, start-up unit or competent department is the location of the employing unit.
After the case is accepted, if the place of performance of the labor contract and the location of the employer change, the jurisdiction of dispute arbitration will not be changed.
Where several arbitration commissions have jurisdiction, the arbitration commission that accepted the case first shall have jurisdiction.
Article 13 If an arbitration commission finds that the case it accepts is not under its jurisdiction, it shall transfer it to the arbitration commission with jurisdiction and notify the parties in writing.
For the above-mentioned transferred cases, the transferred arbitration commission shall accept them according to law. In accordance with the provisions, the transferred arbitration commission considers that the transferred case does not belong to its own jurisdiction, or if negotiation between arbitration commissions fails due to jurisdiction disputes, it shall report to the competent department of the arbitration commission at the next higher level for designation of jurisdiction.
Article 14 If a party raises an objection to jurisdiction, it shall do so in writing before the expiration of the defense period.
Fifteenth parties to apply for withdrawal, it shall explain the reasons, put forward at the beginning of the trial; If the reasons for withdrawal are known after the trial of the case, they may also be put forward before the end of the trial debate; It was put forward by the parties after the trial debate.
The person who applies for withdrawal shall suspend his participation in the handling of this case before the Arbitration Commission makes a decision on whether to withdraw, unless the case requires emergency measures.
Article 16 Whether an arbitrator withdraws or not shall be decided by the chairman of the Arbitration Commission or the person in charge of its authorized institution. Whether the chairman of the Arbitration Commission should withdraw as an arbitrator shall be decided by the Arbitration Commission.
Article 17 The parties have the responsibility to provide evidence of their own claims.
Article 18 If there is no specific provision in the law and the burden of proof cannot be determined according to the provisions of Article 17 of these Rules, the arbitration tribunal may determine the burden of proof based on the principles of fairness, good faith and comprehensive consideration of the parties' ability to provide evidence.
Article 19 The party with the burden of proof shall provide relevant evidence within the time limit specified by the Arbitration Commission. If the parties fail to provide it within the prescribed time limit, they shall bear the adverse consequences.
Article 20 The arbitration commission may, at the request of the parties, collect evidence that the parties cannot collect by themselves due to objective reasons with reference to the relevant provisions of the Civil Procedure Law of People's Republic of China (PRC); If the Arbitration Commission deems it necessary, it may also decide to collect the fees with reference to the relevant provisions of the Civil Procedure Law of People's Republic of China (PRC).
Article 21 When the Arbitration Commission investigates and collects evidence according to law, relevant organizations and individuals shall assist and cooperate.
Twenty-second forms of evidence, submission of evidence, exchange of evidence, cross-examination, identification and other matters. Where there is no provision in these rules, it shall be handled with reference to the relevant provisions of the Rules of Evidence in Civil Procedure.
Article 23 The arbitration period includes the statutory period and the period designated by the Arbitration Commission.
The arbitration commission must have a receipt when serving the arbitration documents, and the addressee shall record the date of receipt, sign or seal it. The date of receipt by the addressee on the service receipt shall be the date of service.
The arbitration commission may refer to the relevant provisions of civil litigation for the calculation of the arbitration period and the way of delivery of arbitration documents.
Twenty-fourth after the end of the case, the arbitration commission shall file all the materials formed in the process of handling the case.
Twenty-fifth arbitration files are divided into first-class volumes and second-class volumes.
The main volume includes: arbitration application, acceptance (rejection) notice, defense, legal representative's identity certificate, power of attorney, investigation evidence, inspection record, notice of hearing, notice of extension, arbitration proposal, conciliation statement, award, receipt of service, etc.
Supplementary volumes include: review records, filing approval forms, survey outlines, marking records, meeting minutes, manuscripts, closing approval forms, etc.
Article 26 The Arbitration Commission shall establish a system for consulting files. The parties and their agents shall be allowed to consult and copy the contents that do not need to be kept confidential.
Twenty-seventh files closed by arbitration, mediation or other means shall be kept for not less than five years, and the files closed by arbitration award shall be kept for not less than ten years, unless otherwise stipulated by the state. After the expiration of the file preservation period, it shall be handled in accordance with the relevant provisions of the state on file management.
Twenty-eighth in the arbitration activities involving state secrets and military secrets, in accordance with the relevant confidentiality provisions of the state and the army.
Chapter III Arbitration Procedure
Section 1 Application and Acceptance
Article 29 When applying for arbitration, the applicant shall submit an application for arbitration, and submit copies according to the number of respondents.
The application for arbitration shall contain the following items:
(a) the name, sex, age, occupation, work unit, domicile, mailing address and telephone number of the laborer, the name, domicile, mailing address and telephone number of the employer, and the name and position of the legal representative or principal responsible person;
(2) The arbitration claim and the facts and reasons on which it is based;
(3) Evidence and its sources, names and residences of witnesses.
If it is really difficult to write an arbitration application, you can apply orally, which will be recorded by the arbitration commission and confirmed by the applicant's signature or seal.
If the applicant's written arbitration application materials are complete, the Arbitration Commission shall issue a receipt.
If the application for arbitration is not standardized or the materials are incomplete, the Arbitration Commission shall inform the applicant of all the materials that need to be corrected on the spot or within five days. If the applicant supplements all the materials as required, the Arbitration Commission shall issue a receipt.
Article 30 The Arbitration Commission shall accept an arbitration application that meets the following conditions and issue a notice of acceptance to the applicant within five days from the date of receiving the arbitration application:
(1) It falls within the scope of disputes stipulated in Article 2 of these Rules;
(2) There are clear arbitration claims and factual reasons;
(3) During the statutory limitation period for applying for arbitration;
(4) Within the jurisdiction of the Arbitration Commission.
Article 31 The Arbitration Commission shall not accept an arbitration application that does not meet one of the provisions in the first, second and third paragraphs of Article 30, and shall issue a notice of rejection to the applicant within five days from the date of receiving the arbitration application.
The arbitration commission shall make a written explanation to the applicant within five days from the date of receiving the application for arbitration, and inform the applicant to apply to the arbitration commission with jurisdiction for arbitration.
If the arbitration commission fails to make a decision within the time limit or refuses to accept the decision, the applicant may bring a lawsuit to the people's court on the disputed matter.
Article 32 If the Arbitration Commission finds that it should not accept the case after accepting it, it shall reject it, in addition to the provisions of Article 13 of these Rules, and notify the parties in writing in accordance with the provisions of Article 31 of these Rules within five days after deciding to reject it.
Article 33 When an applicant applies for arbitration, the Arbitration Commission may guide the parties to resolve the dispute through consultation or mediation, and give necessary legal explanations and risk warnings.
Article 34 After accepting the application for arbitration, the Arbitration Commission shall deliver a copy of the application for arbitration to the respondent within five days.
After receiving a copy of the application for arbitration, the respondent shall submit a written defense to the Arbitration Commission within 10 days. After receiving the written defense, the Arbitration Commission shall deliver a copy of the written defense to the applicant within five days. If the respondent fails to submit the defense within the time limit, it will not affect the arbitration proceedings.
Article 35 The respondent may make a counterclaim during the period of defense, and the Arbitration Commission shall decide whether to accept the counterclaim within five days from the date of receipt 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 is a dispute that should be applied 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.
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.
Section 2 Hearing and ruling
Article 36 The Arbitration Commission shall form an arbitration tribunal within five days from the date of accepting the arbitration application, and notify the parties in writing of the composition of the arbitration tribunal.
Article 37 The arbitration tribunal shall notify both parties in writing of the date and place of the hearing five days before the hearing. If the parties have justified reasons, they may request an extension of the hearing three days before the hearing. Whether to postpone is decided by the arbitration commission according to the actual situation.
Article 38 After receiving the written notice, if the applicant refuses to appear in court without justifiable reasons or withdraws from court without the consent of the arbitration tribunal, it may be regarded as withdrawing the arbitration application. If the applicant applies for arbitration again, the Arbitration Commission will not accept it. If the respondent, after receiving a written notice, refuses to appear in court without justifiable reasons or withdraws from court halfway without the consent of the arbitration tribunal, it may make an award by default.
Article 39 During the trial, the arbitrator shall listen to the statements of the applicant and the respondent, preside over the court investigation, cross-examination and debate, consult the final opinions of the parties and conduct mediation.
Article 40 The arbitration tribunal shall record the hearing. If the parties or other arbitration participants think that there are omissions or errors in the records of their statements, they have the right to apply for correction. If the arbitration tribunal considers the application unreasonable or unnecessary, it may not make corrections, but it shall record the application.
The arbitrator, the recorder, the parties and other arbitration participants shall sign or seal the transcripts of the trial. If the parties or other arbitration participants refuse to sign or seal the transcripts of the trial, the arbitration tribunal shall record the situation and attach a volume.
Article 41 The applicant may add or change the arbitration claim 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.
Article 42 After applying for arbitration, the parties may reach a settlement by themselves. If a settlement agreement is reached, the arbitration application may be withdrawn, or the arbitration tribunal may be requested to make a conciliation statement according to the settlement agreement.
Article 43 If an agreement is reached through arbitration or mediation, the arbitration tribunal shall prepare a conciliation statement.
Seal the arbitration commission and serve it on both parties. The conciliation statement shall have legal effect after it is signed by both parties.
Article 44 The arbitration tribunal shall make an award within 45 days from the date when the arbitration commission accepts the application for arbitration. If the case is complicated and needs to be postponed, it may be postponed with the approval of the chairman of the Arbitration Commission, and the parties concerned shall be notified in writing, but the extension period shall not exceed fifteen days.
Article 45 Under any of the following circumstances, the arbitration period shall be calculated in accordance with the following provisions:
(1) If the applicant needs supplementary materials, the time when the Arbitration Commission receives the application for arbitration shall be counted from the date of supplementary materials;
(2) If the application for arbitration is added or changed, the arbitration period shall be recalculated from the date of accepting the application for arbitration;
(3) If the arbitration application is merged with the counterclaim, the arbitration period shall be recalculated from the date of accepting the counterclaim;
(4) If the case is transferred to jurisdiction, the arbitration period shall be counted from the date of accepting the transfer;
(5) The time limit for suspending the trial is not included in the arbitration time limit;
(six) there are other circumstances that should be calculated separately according to laws and regulations.
Article 46 If the basis for handling a case is unclear and the opinions of the relevant institutions are consulted, or the case needs to wait for the identification of work-related injuries, the appraisal of disability grades, the conclusion of judicial expertise, the delivery of announcements and other objective circumstances, the arbitration hearing may be suspended with the approval of the chairman of the Arbitration Commission, and the parties concerned shall be notified in writing. After the objective circumstances of the suspension of the trial are eliminated, the arbitration tribunal shall resume the trial.
Article 47 If a party brings a lawsuit to a people's court because the arbitration tribunal fails to make an arbitration award within the time limit, the arbitration commission shall decide to end the case; If the parties fail to bring a lawsuit to the people's court on the disputed matter, and both parties agree to continue arbitration, the Arbitration Commission may continue to handle and award.
Article 48 When the arbitration tribunal hears a case, if some facts are already clear, it may make an award on that part first. If the parties reach a mediation agreement on this part, they may make a mediation document first. If a party refuses to accept the first award, it may be handled in accordance with the relevant provisions of the Mediation and Arbitration Law.
Article 49 When the arbitration tribunal adjudicates a case, if the contents of the award involve both final and non-final awards, it shall make separate awards and inform the parties of the corresponding relief rights.
Article 50 The arbitration tribunal may, at the request of the parties, make a compulsory enforcement ruling on cases requiring payment of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, and transfer it to the people's court for enforcement.
If the award of the arbitration tribunal is executed first, the following conditions shall be met:
(a) the rights and obligations between the parties are clear;
(2) Failure to implement it first will seriously affect the life of the applicant.
If the laborer applies for prior execution, he may not provide guarantee.
Article 51 An award shall be made in accordance with the opinions of the majority of arbitrators, and the different opinions of a few arbitrators shall be recorded in the record. When the arbitration tribunal cannot form a majority opinion, the award shall be made in accordance with the opinion of the presiding arbitrator.
Article 52 An award shall clearly state the arbitration claim, the disputed facts, the reasons for the award, the award result, the rights of the parties and the date of the award. The award shall be signed by the arbitrator and sealed by the Arbitration Commission. The arbitrator who disagrees with the award may or may not sign.
Article 53 The arbitration tribunal shall promptly correct the errors in writing or calculation in the award or the matters that have been awarded by the arbitration tribunal but are omitted in the award, and serve them on the parties.
Article 54 For simple dispute cases with clear rights and obligations and clear facts, or other dispute cases agreed by both parties, the Arbitration Commission may appoint an arbitrator to handle them alone, and may handle them simply in terms of litigation procedures, case investigation, delivery of arbitration documents, and adjudication methods.
Article 55 If a party refuses to accept the ruling and brings a lawsuit in a people's court, it shall be handled in accordance with the relevant provisions of the Mediation and Arbitration Law.
Chapter IV Supplementary Provisions
Fifty-sixth personnel dispute arbitration matters not specified in these rules shall be implemented in accordance with the relevant provisions of the Regulations on the Handling of Personnel Disputes.
Article 57 The terms "three days" and "five days" mentioned in these Rules refer to working days.
Article 58 These Rules shall come into force as of the date of promulgation. 19931June 18 The Rules for Handling Labor Disputes Arbitration Committee promulgated by the former Ministry of Labor and the Rules for Handling Personnel Disputes promulgated by the former Ministry of Personnel on1September 6, 1999 shall be abolished at the same time.
Limitation of labor arbitration
The limitation of labor arbitration is a problem that workers are very concerned about.
From the time of interruption, the limitation period of labor arbitration shall be recalculated.
If the parties fail to apply for arbitration within the prescribed arbitration period due to force majeure or other legitimate reasons, the arbitration period shall be suspended. The limitation period of labor arbitration shall continue to be counted from the date when the reasons for suspension of limitation are eliminated.
If there is a dispute over the arrears of labor remuneration during the existence of labor relations, the laborer's application for arbitration is not limited by the limitation period of arbitration; However, if the labor relationship is terminated, it shall be proposed within one year from the date of termination of the labor relationship.
Contact with labor dispute litigation
First, how to determine the scope of labor disputes.
Some people think that when trying labor dispute cases, the court aims at whether the contents of labor dispute arbitration are in compliance and correcting irregularities. In fact, the real core of the court's civil trial is the litigant's claim rather than anything else. As far as labor dispute litigation is concerned, as long as the litigant's claim does not exceed the scope of the original labor arbitration application and does not include the content of maintaining or revoking the original arbitration award, the litigant's claim is a compliance lawsuit, and the court should launch a trial around it.
Two, the basic principles of the court to deal with the arbitration prescription judgment
In legal practice, some agents or parties put forward in their defense that the limitation of labor dispute arbitration and litigation belong to two concepts. The former stipulates the time limit for arbitration acceptance, while the latter stipulates the time limit for court acceptance. They belong to different processing fields and should be treated separately. This view actually separates the relationship between labor arbitration and civil litigation in labor dispute cases. Under this logic, the timeliness of arbitration acceptance and the unity of the whole judicial relief system will also be destroyed. What is applicable in judicial practice is actually not operated according to this logic, but is still implemented according to the above judicial interpretation of the Supreme Court.
Three, two special cases
In addition, I need to remind you of the following two points:
1. If there is a dispute over the arrears of labor remuneration during the duration of labor relations, the employee's application for arbitration is not limited by the limitation period of arbitration; However, if the labor relationship is terminated, it shall be proposed within one year from the date of termination of the labor relationship. In many labor disputes, the termination time of labor relations plays an important role in whether the case can enter the substantive trial. Therefore, when a labor dispute occurs, both the employer and the employee must be prepared for evidence of termination of labor relations or cross-examination of opinions.
2. In principle, the labor arbitration committee should not take the initiative to review the limitation of labor arbitration. Because the prescription of arbitration is applicable to the prescription rules, and it is a neglected procedural issue. When the other party fails to mention the limitation of arbitration in court, the labor arbitration commission should not take the initiative to review the issue. Unfortunately, it is not uncommon for the Labor Arbitration Commission to actively review the limitation of arbitration in arbitration practice. The existence of this phenomenon can not be completely attributed to the inaccurate judicial standards of some labor arbitration committees, but also lies in the unreasonable layout of the provisions of the labor dispute arbitration law itself. The limitation of labor dispute arbitration is directly stipulated in the second section "Application and Acceptance" of the Labor Dispute Arbitration Law, so it is easy for the arbitration commission to take the limitation of arbitration as a condition for accepting labor dispute arbitration. [2]
Filing of award
1. In case of any of the following labor disputes, the employer and the employee may apply for labor arbitration:
(1) Disputes arising from the confirmation of labor relations;
Labor arbitration
(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.
2 Beijing Labor Dispute Arbitration Commission (hereinafter referred to as the Arbitration Commission) accepts the following labor dispute cases within the administrative area of this Municipality:
(1) Labor disputes between central and municipal foreign-funded enterprises, Sino-foreign joint ventures and wholly foreign-owned enterprises and workers located in Dongcheng, Xicheng, Chongwen, Xuanwu, Haidian, Chaoyang, Shijingshan and Fengtai districts of this Municipality;
(2) Cases of labor disputes between Chinese-foreign equity joint ventures, Chinese-foreign cooperative ventures and wholly foreign-owned enterprises in other provinces and cities in Beijing or their branches and workers.
3. The employing unit, the laborer and the third party closely related to the outcome of the labor dispute case are the parties to the labor dispute case. One party applying for labor arbitration is the complainant and the other party is the defendant.
The complainant shall submit a written application to the Arbitration Commission within one year from the date of the labor dispute.
5. To apply for labor arbitration, the following materials shall be submitted:
(1) Apply for arbitration. The applicant shall truthfully and accurately fill in the application for arbitration in triplicate, two of which shall be submitted to the Arbitration Commission by the applicant himself or his entrusted agent, and one shall be kept by the applicant;
(2) proof of identity. If the applicant is a worker, submit the original and photocopy of his identity certificate; If the applicant is an employer, a copy of the business license, the identity certificate of the legal representative, the identity certificate of the entrusted agent and the power of attorney shall be submitted.
Labor arbitration
(3) Relevant materials that can prove the existence of labor relationship with the respondent, such as labor contract (employment contract or agreement), notice of dissolution or termination of contract, payroll (clause), social insurance payment certificate and other materials and copies;
(4) When the applicant applies for labor arbitration, the arbitration commission requires the applicant to submit relevant materials that can prove the identity of the defendant according to the needs of filing the case for examination, and the applicant shall submit them. If the respondent is an employer, it shall submit its certificate of industrial and commercial registration (including the name of the unit, legal representative, domicile and business premises, etc.). ); If the respondent is a worker, it shall submit its permanent residence, current residence address and contact telephone number.
6. The Arbitration Commission shall, within five days from the date of receiving the arbitration application, make a decision on whether to accept or not to accept it and serve it on the parties.
If a case is decided to be accepted, it shall go to the Arbitration Commission to receive the Notice of Acceptance of the Case within three days after receiving the notice, and go through the acceptance procedures. If it decides not to accept the application, the Arbitration Commission shall serve a notice of rejection on the applicant.
7. If a case is decided to be accepted with the approval of the Arbitration Commission, the parties shall give evidence within the prescribed time limit for giving evidence. If the time limit for giving evidence is exceeded, it shall be deemed as giving up the right to give evidence.
argue
When applying for labor dispute arbitration, the parties concerned shall apply to the corresponding arbitration commission for arbitration in accordance with the provisions of hierarchical jurisdiction and regional jurisdiction. Hierarchical jurisdiction refers to the division of labor between different levels of labor dispute arbitration committees in accepting cases. Labor dispute arbitration committees have been generally established in counties, cities and municipalities directly under the Central Government. Some provinces and autonomous regions have also set up labor dispute arbitration committees accordingly.
Labor arbitration
At this stage, unless otherwise stipulated by laws, regulations and rules, most labor dispute cases are accepted by local county-level labor dispute arbitration committees.
Regional jurisdiction refers to the division of labor dispute arbitration committees at the same level to accept cases in different regions. If the employer and the employee in dispute are not in the jurisdiction of the same arbitration commission, the dispute shall be accepted by the arbitration commission where the employee's wage relationship is located (that is, where the unit that pays the employee's wage is located).
superiority
The legal system of labor arbitration has certain advantages, including:
quick
Express refers to the settlement of disputes through arbitration, with simple procedures and short time. 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.
Professional strong
The arbitrators participating in the arbitration are all experts in labor and law, and they have 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.
Basic procedure
1. Apply for arbitration within one year after the dispute occurs, and submit an arbitration complaint.
2. The Arbitration Commission shall make a decision on whether or not to accept the complaint within five days from the date of receiving it;
3. The arbitration tribunal shall notify both parties in writing five days before the hearing.
4. Opening a court session, making clear requests, defending, investigating facts, presenting evidence, cross-examining, debating and making statements.
5. Mediation
6. If mediation fails, make a ruling.