Can I entrust my relatives to apply for labor arbitration?

You can entrust your relatives to apply for labor arbitration.

Based on:

People's Republic of China (PRC) labor dispute mediation and arbitration law

Article 24 A party may entrust an agent to participate in arbitration activities. To entrust others to participate in arbitration activities, a power of attorney signed or sealed by the client shall be submitted to the labor dispute arbitration commission, and the power of attorney shall specify the entrusted matters and authority.

Twenty-fifth workers who have lost or partially lost their capacity for civil conduct shall participate in arbitration activities on their behalf by their legal representatives; If there is no legal representative, the labor dispute arbitration commission shall appoint an agent for him.

If a laborer dies, his close relatives or agents shall participate in arbitration activities.

Extended data:

Provisions on entrustment of labor arbitration:

1. If a party entrusts an agent to participate in arbitration activities, the labor dispute arbitration committee shall examine the qualification of the agent.

2. If the employee party entrusts and specially authorizes the agent to participate in the arbitration activities, I shall still attend the arbitration hearing in court unless the labor dispute arbitration committee agrees.

3. The parties may entrust one or two agents to participate in labor arbitration activities. When a party entrusts others to participate in labor arbitration, it must submit a power of attorney signed or sealed by the client to the labor dispute arbitration commission, and the power of attorney shall specify the entrusted matters and authority.

If the power of attorney only says "full power of attorney" without specific authorization, the agent has no right to admit, waive or change the arbitration request, make a settlement, request and accept mediation on his own behalf.

4. The parties shall submit the power of attorney to the labor dispute arbitration committee before the court session. If the agent's power of agency changes or the agent is dismissed, the parties concerned shall inform the labor dispute arbitration committee in writing.

5. The parties may entrust the following persons as agents:

(1) lawyers;

(2) Close relatives of the parties concerned;

(3) candidates recommended by relevant social organizations or units;

(four) other citizens who have legitimate reasons for permission by the labor dispute arbitration commission.

A person with no capacity for civil conduct, a person with limited capacity for civil conduct, or a person who may harm the interests of the principal, and a person whom the labor dispute arbitration committee considers unsuitable as a cooperative agent, cannot act as a labor arbitration agent.

6. If a party entrusts a lawyer, the agent shall submit a letter of introduction issued by a law firm, and the arbitration staff shall examine the lawyer's practice certificate.

7. If a party entrusts a close relative to act as an agent, it shall provide a relative certificate issued by the public security organ where the party's household registration is located or a relative certificate issued by a notary office.

8. If a party entrusts a relevant social organization or unit to recommend an agent, it shall provide a certificate issued by the social organization or unit.

9. Other citizens with justifiable reasons permitted by the labor dispute arbitration commission mainly refer to any of the following circumstances:

(1) Citizens who have obtained legal professional qualification certificates or lawyer qualification certificates;

(two) citizens who have obtained the qualification of enterprise legal adviser;

(3) Citizens engaged in legal research and education;

(4) Citizens who work in labor and social security departments, trade union organizations and enterprise associations;

(5) Other legal workers as prescribed by law.

10. The guardian of a person without or with limited capacity for civil conduct is his legal agent and can participate in arbitration activities on his behalf; If the legal agent shirks responsibility or the legal agent is unclear, the labor arbitration commission shall appoint an agent.

1 1. A deceased employee may participate in arbitration activities as a party by his interested party. The interested party shall provide relevant certificates issued by the public security organ or notary office where the household registration is located, and obtain the permission of the labor dispute arbitration commission.

12. A citizen agent may not collect remuneration from the parties when participating in labor arbitration activities. The parties and agents shall sign a free agreement and provide it to the labor dispute arbitration commission.

If the fee agreement is not provided to the labor dispute arbitration commission, the labor dispute arbitration commission has the right to cancel its agency qualification.

13. If an agent provides false certificates and vouchers to deceive the labor dispute arbitration commission, the labor dispute arbitration commission shall cancel his agency qualification.

References:

Baidu Encyclopedia-People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law