If you are dissatisfied with the labor arbitration, you can file a lawsuit with the grassroots court where the arbitration committee is located within 15 days from the date of receipt of the award, and submit the complaint, labor arbitration award and other corresponding materials .
If no lawsuit is filed upon expiration of the time limit, the labor arbitration award will take effect.
Conditions for filing a labor dispute lawsuit
1. The parties to the labor dispute file a lawsuit. In labor dispute cases, employers and workers can entrust lawyers or agents to file lawsuits and respond to lawsuits, but non-parties to labor dispute cases cannot file lawsuits or respond to lawsuits.
2. Employers and workers in labor disputes file lawsuits if they are dissatisfied with the labor arbitration award. Only when dispute cases are arbitrated by an arbitration committee and the parties are dissatisfied with the arbitration award, will the People's Court accept the lawsuit filed by the parties.
3. The parties involved in labor dispute cases must have clear defendants and specific claims.
4. The parties to a labor dispute case shall not file a lawsuit in court beyond the time prescribed by law. Unless the party concerned files a lawsuit with the court within 15 days from the date of receipt of the arbitration award, the court will not accept the case. The court in which the prosecution is brought should have jurisdiction.
Labor Litigation Procedure
1. The parties to a labor dispute case file a lawsuit and submit a complaint.
2. After review, the court will make a decision to accept the case within 7 days and make a decision not to accept the case within 7 days.
3. The plaintiff in a labor dispute lawsuit shall pay the litigation fees within 7 days. If the application is not submitted within the due date, the case will be automatically withdrawn.
4. After filing the case, the court will serve a copy of the complaint to the defendant. The defendant shall submit a statement of defense to the court within 15 days after receiving the complaint.
5. Both parties shall submit evidence related to the case within the time limit specified by the court.
6. After the case is filed, the court will form a collegial panel and arrange for collegial panel personnel to inform the parties.
7. After the court arranges the time and place of the hearing, it shall notify the parties and litigation participants.
8. On the day of appearance, the court will hold a hearing to verify the identity of the parties and inform them of their rights and obligations.
9. If the court mediation is successful, a mediation letter shall be issued; if the mediation fails, the court shall make a ruling.
If you are not satisfied with the labor arbitration result, you should appeal in time to safeguard your rights. It is very helpful for us to understand the specific process. Hope the above information can be helpful to you.