Provisions on handling labor disputes
Chapter I General Provisions
Article 1 These Regulations are formulated in order to properly handle labor disputes in enterprises, safeguard the legitimate rights and interests of enterprises and employees, maintain normal production and operation order, develop good labor relations, and promote the smooth progress of reform and opening up.
Article 2 These Regulations shall apply to the following labor disputes between enterprises and employees in People's Republic of China (PRC):
(1) Disputes arising from dismissal, delisting, dismissal of employees, resignation and voluntary resignation of employees;
(two) disputes arising from the implementation of state regulations on wages, insurance, welfare, training and labor protection;
(3) Disputes arising from the performance of the labor contract;
(four) other labor disputes that should be handled in accordance with laws and regulations.
Article 3 Enterprises and employees are parties to labor dispute cases.
Article 4 The following principles shall be followed in handling labor disputes:
(a) pay attention to mediation, timely treatment;
(two) on the basis of finding out the facts, according to law;
(3) All parties are equal in the application of law.
Article 5 Where there are more than three workers in a labor dispute and the reasons are the same, representatives shall be recommended to participate in mediation or arbitration activities.
Article 6 After a labor dispute occurs, the parties concerned shall settle it through consultation. Unwilling to negotiate or failing to do so, you may apply to the Labor Dispute Mediation Committee of this enterprise for mediation; If mediation fails, it may apply to the Labor Dispute Arbitration Committee for arbitration. The parties may also directly apply to the Labor Dispute Arbitration Commission for arbitration. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.
In the process of handling labor disputes, the parties shall not have the behavior of intensifying contradictions.
Chapter II Enterprise Mediation
Article 7 An enterprise may establish a labor dispute mediation committee (hereinafter referred to as the mediation committee). The mediation committee is responsible for mediating labor disputes in this enterprise. The mediation committee is composed of the following personnel:
(1) Representatives of employees;
(2) Representatives of enterprises;
(3) Representatives of trade unions in enterprises.
The employee representatives are elected by the employee congress (or the employee congress, the same below); The representative of the enterprise shall be designated by the factory director (manager); Representatives of enterprise trade unions shall be designated by the enterprise trade union committee.
The specific number of members of the mediation committee shall be proposed by the workers' congress and determined through consultation with the factory director (manager), and the number of enterprise representatives shall not exceed one third of the total number of members of the mediation committee.
Article 8 The chairman of the mediation committee shall be a representative of the enterprise trade union.
The office of the mediation committee is located in the enterprise trade union committee.
Article 9 In an enterprise that has not established a trade union organization, the establishment and composition of a mediation committee shall be decided by the representatives of employees and enterprises through consultation.
Article 10 The mediation of a labor dispute by a mediation committee shall end within 30 days from the date when the parties apply for mediation. If the expiration is not over, it shall be regarded as a failure of mediation.
Article 11 The mediation committee shall follow the principle of voluntariness of both parties in mediating labor disputes. If an agreement is reached through mediation, a mediation agreement shall be made and both parties shall consciously perform it. If mediation fails, the parties may apply to the Labor Dispute Arbitration Committee for arbitration within the prescribed time limit.
Chapter III Arbitration
Twelfth counties, cities and municipal districts shall set up labor dispute arbitration committees (hereinafter referred to as arbitration committees).
Article 13 The Arbitration Commission shall be composed of the following personnel:
(a) the representative of the competent labor administrative department;
(2) Trade union representatives;
(3) Representatives of comprehensive economic management departments designated by the government.
The members of the arbitration commission must be singular, and the director shall be the person in charge of the labor administrative department.
The labor dispute handling institution of the labor administrative department is the office of the Arbitration Commission and is responsible for handling the daily affairs of the Arbitration Commission.
The arbitration commission implements the principle that the minority is subordinate to the majority.
Article 14 The Arbitration Commission shall adopt the system of arbitrators and arbitration tribunals in handling labor disputes.
Article 15 The Arbitration Commission may appoint full-time or part-time arbitrators from the competent labor administrative department or other relevant government departments, trade union workers, experts, scholars and lawyers.
Part-time arbitrators and full-time arbitrators shall enjoy the same rights when performing arbitration official duties.
When a part-time arbitrator conducts arbitration activities, his unit shall give support.
Article 16 When handling labor disputes, an arbitration commission shall form an arbitration tribunal. The arbitration tribunal consists of three arbitrators.
The Arbitration Commission may appoint an arbitrator to handle simple labor dispute cases.
The arbitration tribunal's handling of major or difficult labor dispute cases may be submitted to the arbitration commission for discussion and decision; The arbitration tribunal must implement the decision of the arbitration commission.
Article 17 Arbitration committees of counties, cities and municipal districts shall be responsible for labor disputes within their respective administrative areas.
The scope of accepting labor dispute cases by the arbitration committees of cities divided into districts and municipal districts shall be stipulated by the people's governments of provinces and autonomous regions.
Eighteenth labor disputes between enterprises and employees are not within the jurisdiction of the same arbitration commission, and shall be handled by the arbitration commission where the wage relations between employees are located.
Nineteenth parties may entrust one or two lawyers or other people to participate in arbitration activities. To entrust others to participate in arbitration activities, a power of attorney signed or sealed by the client must be submitted to the arbitration commission, and the power of attorney shall specify the entrusted matters and authority.
Article 20 An employee with no or limited capacity for civil conduct or a deceased employee may participate in arbitration activities on his behalf by his legal representative; If there is no legal agent, the Arbitration Commission shall appoint an agent to participate in the arbitration activities.
Article 21 The parties may reach a settlement by themselves.
Article 22 A third person who has an interest in the outcome of a labor dispute case may apply to participate in arbitration activities, or be notified by the Arbitration Commission to participate in arbitration activities.
Article 23 The parties shall, within six months from the date when they know or should know that their rights have been infringed, apply in writing to the Arbitration Commission for arbitration.
If the parties fail to apply for arbitration within the time limit specified in the preceding paragraph due to force majeure or other legitimate reasons, the Arbitration Commission shall accept it.
Article 24 When a party applies to the Arbitration Commission for arbitration, it shall submit a complaint and a copy according to the number of defendants. The complaint shall include the following contents:
(a) the name, occupation, address and work unit of the laborer; The name and address of the enterprise and the name and position of the legal representative;
(2) The arbitration claim and the facts and reasons on which it is based;
(3) Evidence, names and addresses of witnesses.
Article 25 The Arbitration Commission shall make a decision on whether or not to accept the complaint within seven days from the date of receiving it. If the arbitration commission decides to accept the case, it shall serve a copy of the complaint on the defendant within seven days from the date of the decision and form an arbitration tribunal; If it decides not to accept it, it shall explain the reasons.
The defendant shall submit the defense and relevant evidence within 15 days from the date of receiving the copy of the indictment. Whether the defendant submits the defense on time does not affect the trial of the case.
The arbitration commission has the right to require the parties to provide or supplement evidence.
Article 26 The arbitration tribunal shall serve a written notice of the time and place of the hearing on the parties four days before the hearing. If, after receiving the written notice, the parties refuse to appear in court without justifiable reasons or leave the court halfway without the consent of the arbitration tribunal, the appeal shall be rejected and the defendant may be ruled by default.
Article 27 When handling a labor dispute, the arbitration tribunal shall mediate first and urge the parties to reach an agreement voluntarily on the basis of finding out the facts. The contents of the agreement shall not violate laws and regulations.
Article 28 If an agreement is reached through mediation, the arbitration tribunal shall make a conciliation statement according to the contents of the agreement, which shall become legally effective as of the date of service.
Before the conciliation statement is served, if the conciliation fails to reach an agreement or the parties go back on their words, the arbitration tribunal shall make an award in time.
Article 29 In trying labor dispute cases, the arbitration tribunal shall follow the principle that the minority is subordinate to the majority. Disagreements must be truthfully recorded.
After making an award, the arbitration tribunal shall make an award and send it to both parties.
Article 30 If a party refuses to accept the arbitration award, he may bring a suit in a people's court within 15 days from the date of receiving the award. If no prosecution is brought at the expiration of the time limit, the ruling will take legal effect.
Article 31 The parties shall perform the legally effective conciliation statement and award within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for compulsory execution.
Article 32 The arbitration tribunal shall end its handling of labor disputes within 60 days from the date of its formation. If the case is complicated and needs to be postponed, it may be extended appropriately with the approval of the Arbitration Commission, but the extension period shall not exceed 30 days.
Article 33 When handling a labor dispute, the arbitration commission has the right to consult the files, materials and other supporting materials related to the case from the relevant units, and has the right to investigate the insider, and the relevant units and individuals may not refuse.
Arbitration commissions may entrust investigations among themselves.
The Arbitration Commission and its staff shall keep confidential the secrets and personal privacy involved in the investigation of labor dispute cases.
Thirty-fourth parties to a labor dispute applying for arbitration shall pay arbitration fees in accordance with the relevant provisions of the state.
Arbitration fees include case acceptance fees and case handling fees. The charging standards and measures shall be formulated by the labor administrative department of the State Council in conjunction with the financial administrative department of the State Council and the price administrative department of the State Council.
Thirty-fifth members of the Arbitration Commission or arbitrators in any of the following circumstances shall withdraw, and the parties have the right to apply for withdrawal orally or in writing:
(1) Being a party to a labor dispute or a close relative of the party;
(2) Having an interest in a labor dispute;
(3) Having other relations with the parties to a labor dispute, which may affect fair arbitration.
Article 36 The Arbitration Commission shall make a timely decision on the application for withdrawal and notify the parties orally or in writing.
Chapter IV Punishment
Thirty-seventh parties and relevant personnel in the process of handling labor disputes have one of the following acts, the Arbitration Commission may criticize and educate them and order them to make corrections; If the circumstances are serious, it shall be punished in accordance with the relevant provisions of the Regulations of the People's Republic of China on Administrative Penalties for Public Security; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) interfere with mediation and arbitration activities, and hinder the arbitration staff from performing their official duties;
(2) Providing false information;
(3) refusing to provide relevant documents, materials and other supporting materials;
(four) to take revenge on the arbitration staff, arbitration participants, witnesses and assisting the executor.
Article 38 An arbitrator handling a labor dispute who engages in malpractices for personal gain, accepts bribes, abuses his power or divulges secrets or personal privacy in arbitration activities shall be given administrative sanctions by his unit or higher authorities. If it is an arbitrator, the Arbitration Commission shall dismiss it. If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter V Supplementary Provisions
Thirty-ninth labor disputes between state organs, institutions, social organizations and employees of their own units, and between individual industrial and commercial households and helpers and apprentices shall be implemented with reference to these regulations.
Fortieth the organization and working rules of the Arbitration Commission shall be formulated by the competent labor administrative department of the State Council in conjunction with other relevant departments.
Article 41 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate implementation measures according to these Regulations.
Article 42 The competent labor administrative department of the State Council shall be responsible for the interpretation of these Regulations.
Article 43 These Regulations shall come into force on 1 August 19931day. The Interim Provisions on Handling Labor Disputes in State-owned Enterprises promulgated by the State Council on July 31st, 1987 shall be abolished at the same time.
To sum up, regarding the handling of labor disputes, it should be noted that in the process of handling labor disputes, it must be handled in the principle of fairness and justice, and no one can be deliberately biased. Moreover, law enforcement officers must implement and make decisions in accordance with the above laws and regulations. For more related questions, please consult Liaoyang lawyer.