1. Disputes arising from the employer’s dismissal, expulsion, dismissal of workers, workers’ resignation, or voluntary resignation;
2. Disputes arising from the implementation of national regulations on wages, bonuses, insurance, and benefits , training, and labor protection regulations;
3. Disputes arising from the performance of labor contracts or the formation of de facto labor relations;
4. Laws and regulations that shall Handled in accordance with the "Regulations on the Handling of Enterprise Labor Disputes".
(2) Materials that should be submitted
If the complainant is a worker, please submit the following materials
1. Complaint
2 .Copy of the complainant's identity certificate
3. If there is an entrusted agent, a power of attorney (indicating the entrustment matters and authority) should be submitted. If the entrusted agent is a practicing lawyer, a copy of the practicing lawyer's certificate should be provided. and a lawyer's letter from a law firm. If the authorized agent is a citizen, a copy of the authorized agent's identity certificate should be provided
4. Evidence of the labor relationship between the complainant and the respondent (including: labor contract, Work permit, factory certificate, salary slip (slip), deposit certificate, etc.), the original and photocopy of the evidence submitted by the complainant should be attached, and the original will be returned after the hearing
5. The complainant and the respondent Evidence of labor relations. If the complainant is an employer, the following materials should be submitted
1. Letter of complaint
2. Proof of the existence of a labor relationship between the complainant and the respondent
3. Proof of identity of the legal representative
4. If appointing an agent, a power of attorney should be submitted
5. Submit a list of supporting materials in duplicate
(3) Procedures and requirements
1. The party applying for arbitration shall submit a written application within sixty days from the date of the occurrence of the labor dispute (the date when the party knows or should know that its rights have been infringed).
2. The arbitration application shall be reviewed in accordance with regulations and a decision shall be made on whether to accept the arbitration application within seven days from the date of receipt of the arbitration application. If it is decided not to accept the application, a notice of non-acceptance shall be issued within seven days from the date of the decision and delivered to the applicant.
3. If it is decided to accept the application, a notice of acceptance shall be issued to the complainant within seven days from the date of decision, and an arbitral tribunal shall be formed to serve a copy of the arbitration application to the respondent and request it to serve on the respondent within fifteen days. Submit the statement of defense and evidence within the prescribed time limit; failure to submit the statement of defense and evidence within the time limit will not affect the trial of the case.
4. The arbitral tribunal will hold a hearing to hear the case and notify both parties in writing 4 days before the hearing.
5. Before the arbitration committee makes an award, the parties may reconcile on their own, and the applicant may apply to the arbitration committee to withdraw the lawsuit. If the applicant applies to withdraw the lawsuit, the arbitration committee will review and make a ruling within seven days after the withdrawal of the lawsuit is established. If the parties reach an agreement under the auspices of the arbitrator, the arbitral tribunal shall prepare a mediation letter based on the content of the agreement, which shall become legally effective from the date of service.
6. The arbitration committee handles labor dispute cases and generally makes a ruling within 60 days from the date of formation of the arbitral tribunal. If the case is complicated, it may be extended to thirty days upon approval (except where the statute of limitations for arbitration is suspended upon approval).
7. If both parties are dissatisfied with the arbitration award at that time, they may file a lawsuit with the people's court with jurisdiction within fifteen days from the date of receipt of the arbitration award.
Charge basis: "Notice of the State Price Bureau and the Ministry of Finance on the release of administrative fee standards for centrally managed labor departments" (Price Fee Zi [1992] No. 268).