Legal basis: Article 17 of the Law of People's Republic of China (PRC) on Mediation and Arbitration of Labor Disputes was established on the principle of overall planning, rational layout and adaptation to actual needs. The people's governments of provinces and autonomous regions may decide to set up in cities and counties; The people's government of a municipality directly under the Central Government may decide to establish it in a district or county. Municipalities directly under the central government and cities divided into districts may also set up one or more labor dispute arbitration committees. The labor dispute arbitration commission shall not be established according to the administrative divisions.
Article 18 The labor administrative department of the State Council shall formulate arbitration rules in accordance with the relevant provisions of this Law. The labor administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall guide the arbitration of labor disputes within their respective administrative areas.
Article 19 A labor dispute arbitration committee shall be composed of representatives from the labor administrative department, trade unions and enterprises. The members of the labor dispute arbitration committee shall be singular. The labor dispute arbitration committee shall perform the following duties according to law: 1. Appointment and dismissal of full-time or part-time arbitrators. 2. Accept labor dispute cases. 3. Discuss major or difficult labor dispute cases. 4. Supervise arbitration activities. The Labor Dispute Arbitration Commission has an office, which is responsible for the daily work of the Labor Dispute Arbitration Commission.
Twentieth labor dispute arbitration committee shall establish a roster of arbitrators. An arbitrator shall be fair and upright and meet one of the following conditions: 1. He was a judge. 2, engaged in legal research, teaching and have intermediate titles or above. 3, with legal knowledge, engaged in human resources management or trade unions and other professional work for five years. A lawyer has been practicing for three years.
Twenty-first labor dispute arbitration committee is responsible for the jurisdiction of labor disputes. Labor disputes shall be under the jurisdiction of the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located. Where both parties apply for arbitration to the labor dispute arbitration committee in the place where the labor contract is performed and the place where the employer is located, it shall be under the jurisdiction of the labor dispute arbitration committee in the place where the labor contract is performed.