Dear parties to personnel dispute arbitration,
Welcome to the municipal personnel dispute arbitration institution, and our office will wholeheartedly provide you with consulting services on personnel dispute arbitration policies and related businesses. Arbitration of personnel disputes is both judicial and administrative, which is a quasi-judicial administrative act and a pre-procedure for personnel disputes to enter judicial trials. The arbitration commission accepts personnel dispute cases that meet the trial conditions and regulations, takes laws and regulations as the criterion, facts as the basis, and evidence as the support, adheres to the principles of legality, fairness and timeliness, and mediates or adjudicates personnel disputes related to both parties according to the trial procedure of mediation first and adjudication later.
In order to make your personnel dispute enter the arbitration procedure of our commission in time and smoothly, please read and understand the following knowledge of personnel dispute arbitration carefully.
I arbitration and personnel dispute arbitration
Arbitration is also called arbitration. It refers to the legal system in which an arbitration institution, as an independent third party, makes an award on the disputes between the two parties when the two parties cannot coordinate and reach an agreement through mediation. Personnel dispute arbitration refers to the third party designated by the government, that is, the personnel dispute arbitration institution, which mediates or adjudicates relevant personnel disputes according to the application of both parties to the dispute and the relevant laws, regulations, rules and legal procedures.
The second is the scope of application of personnel dispute arbitration and the provisions on inadmissibility.
The personnel dispute cases accepted by the Arbitration Commission specifically include:
(1) Disputes arising from the performance of employment contracts between the organs implementing the Civil Service Law and the appointed civil servants, and between the organs (units) managed in accordance with the Civil Service Law of People's Republic of China (PRC) and the appointed staff.
(two) disputes between institutions and staff due to the dissolution of personnel relations and the performance of employment contracts.
(three) disputes between mass organizations and staff due to the dissolution of personnel relations and the performance of employment contracts.
(4) Disputes arising from the performance of employment contracts between military employers and civilian personnel.
(five) other personnel disputes that can be arbitrated according to laws and regulations.
The Arbitration Commission shall not accept the following personnel disputes:
(a) personnel disputes that exceed the time limit;
(two) disputes arising from the assessment, appointment and removal of posts, and evaluation of professional titles;
(3) Disputes that have been accepted or concluded by the judicial department;
(four) the arbitration commission has concluded the case, the parties have no new facts and evidence to change the original arbitration conclusion, and apply for arbitration on the same subject matter;
(five) disputes that should not be accepted by laws, regulations and rules.
Three. Provisions on arbitration jurisdiction
The acceptance of personnel dispute cases shall be governed by administrative regions. County (District) personnel dispute cases shall be accepted by the county (District) Arbitration Commission. Cross-county (district) personnel disputes, personnel dispute cases of municipal units and stationed units shall be accepted by the Municipal Arbitration Commission.
Four. Participants in arbitration
(1) State administrative organs, institutions, mass organizations and their civil servants, military employers and civilian personnel are parties to personnel dispute cases. A legal person is represented by its legal representative, and an unincorporated group is represented by its principal responsible person. In the course of arbitration, if the legal representative or principal responsible person changes, the new legal representative or principal responsible person will continue to participate in arbitration activities and submit the identity certificate of the new legal representative or principal responsible person to the Arbitration Commission. It is valid for the original legal representative or principal responsible person to participate in arbitration activities.
(two) the parties are persons without or with limited capacity for civil conduct, and their guardians shall participate in arbitration activities; If a party dies, his legal representative or interested party shall participate in the arbitration activities. If the guardian, legal representative or interested party are unclear or shirk their responsibilities, the Arbitration Commission shall appoint an agent.
(3) The parties may entrust one or two agents to participate in arbitration activities. However, a power of attorney signed or sealed by the client must be submitted to the arbitration commission.
The power of attorney must specify the authorization authority and whether the entrusted matters belong to the general authorized agent or the special authorized agent. General authorized agent (hereinafter referred to as general agent) means that the agent only represents the general arbitration rights, such as the right to file an application, the right to appeal, the right to apply for withdrawal, the right to give evidence, the right to debate, etc. A specially authorized agent refers to an agent with arbitration rights that are closely related to substantive rights, such as admitting, waiving, increasing, changing the arbitration request of the principal, making a settlement, filing a counterclaim, etc.
If the authority of the entrusted agent is changed or revoked, the parties shall notify the Arbitration Commission in writing three working days before the court session, and the Arbitration Commission shall notify the other party.
(4) If there are more than three parties and there are reasons for applying for arbitration, representatives shall be recommended to participate in arbitration activities. The number of representatives shall be determined by the Arbitration Commission.
(5) A third person who has an interest in a personnel dispute may, upon approval of the application, participate in arbitration activities, or may be directly notified by the Arbitration Commission to participate in arbitration activities when necessary.
Verb (abbreviation of verb) the procedure and form of dealing with personnel disputes
(1) Mediation procedures of mediation organizations
After a personnel dispute occurs, the parties concerned shall first settle it through consultation under the auspices of the personnel dispute mediation organization of the unit; Unwilling to negotiate or failing to negotiate, you may apply to the mediation agency of the competent department of the unit for mediation. If mediation fails, it may apply to the Arbitration Commission for arbitration. The parties may also directly apply to the Arbitration Commission for arbitration.
(2) the form and method of court composition
The personnel dispute arbitration commission adopts the arbitration tribunal system in handling personnel dispute cases, and the arbitration tribunal is the basic form for the personnel dispute arbitration commission to handle personnel dispute cases. The arbitration tribunal is generally composed of three arbitrators. The personnel dispute arbitration commission shall appoint an arbitrator as the chief arbitrator to preside over the work of the arbitration tribunal; The other two arbitrators may be selected and recommended by both parties respectively, or appointed by the personnel dispute arbitration commission entrusted by both parties. Simple personnel dispute cases, with the consent of both parties, the personnel dispute arbitration commission may appoint an arbitrator to handle them alone.
(three) the form of arbitration cases handled by the arbitration tribunal
1, written arbitration. It is a form of handling personnel dispute cases in which the parties agree not to hold a court session or the arbitration tribunal considers it inappropriate to hold a court session.
2. Court arbitration. The presiding arbitrator or the sole arbitrator shall preside over the trial of personnel disputes in accordance with the rules of the court.
(four) the arbitration tribunal hearing procedures
1, prepare for the exam. The clerk shall check the attendance of arbitration participants and read out the discipline of the arbitration tribunal.
2. The first stage of the trial. Verify the basic information of arbitration participants, read out the rights and obligations of the parties in the trial activities, and deal with withdrawal matters.
3. The second stage of the trial. The arbitration tribunal conducted an investigation, and both parties read out the application for arbitration, and made defense, proof and cross-examination.
4. Trial debate. According to the focus of the dispute summarized by the arbitration tribunal, the parties debate their opinions and state their final opinions.
5. Mediation. The parties may put forward their own mediation opinions, or the arbitration tribunal may put forward mediation opinions after comprehensively considering various factors.
6. ruling. When the award is announced, the parties concerned accept the award.
Six, the parties need to submit and check the materials to the arbitration tribunal.
If the party is an individual, submit the original personal ID card and a copy of 1 ID card (retained); If the party concerned is not an individual, the original and photocopy of the legal person registration certificate (1 copy), the identity certificate of the legal representative or principal responsible person (post appointment or employment notice), and the original and photocopy (1 copy) shall be submitted.
If the parties have an agent, submit the power of attorney 1 copy printed by the Arbitration Commission, the official letter of the agent 1 copy, the lawyer's practice certificate or other identification (retained).
Seven. Time limit for applying for arbitration
(a) the parties shall, within 60 days from the date when they know or should know that their rights have been infringed, apply in writing to the competent personnel dispute arbitration committee for arbitration.
If the parties concerned exceed the time limit for applying for arbitration due to force majeure or other legitimate reasons and are confirmed by the personnel dispute arbitration commission after investigation, the personnel dispute arbitration commission shall accept it.
(2) After receiving the arbitration application, the arbitration institution shall conduct a preliminary examination. If the application materials are incomplete or the situation is unclear, it shall order the applicant to supplement the arbitration application. The preliminary examination shall be completed within 5 working days from the date of receiving the arbitration application.
(3) For eligible arbitration applications, the arbitration institution will make a decision on whether to file a case within 5 working days.
If it decides to file a case, it shall form an arbitration tribunal within 5 days from the date of accepting the arbitration application and notify the applicant in writing. At the same time, send a copy of the application to the respondent, and the respondent shall submit the defense, copy and relevant evidence within 10 days after receiving the notice of defense. The respondent may make a counterclaim during the period of defense, and the arbitration commission shall reply whether it is accepted or not within 5 working days from the date of receipt. The arbitration tribunal shall conduct pre-trial mediation within 10 days from the date of receipt of the defense (generally, the hearing shall be held within 15 working days after the pre-trial mediation).
If it decides not to file a case or the preliminary examination does not meet the conditions for filing a case, it shall make a notice of rejection within 5 working days from the date of receiving the arbitration application and serve it on the applicant.
(4) The arbitration tribunal shall notify the parties in writing of the date and place of the hearing five working days before the hearing.
(5) If an award is made in court, the award shall be issued within 5 working days after the announcement; If awards are announced regularly, they will be awarded immediately after the awards are announced.
(six) the arbitration tribunal shall conclude the case within 45 days from the date of accepting the application for arbitration; If the case is complicated and it is necessary to postpone the trial, the trial may be postponed upon approval, but the extension period shall not exceed 15 days. (The time limit for trial does not include the suspension period of work-related injury identification, inquest or judicial expertise approval).
(7) If a party refuses to accept the arbitration award, it may bring a lawsuit to the people's court within 15 days from the date of receiving the award.
Eight. Matters related to applying for arbitration
When applying for arbitration, the parties shall fill in the uniformly printed Application for Arbitration of Personnel Disputes in Kaifeng City and submit copies according to the number of respondents. The application for arbitration shall contain the following items:
(1) The name, gender, age, occupation, work unit and domicile of the applicant. If the applicant is a company, the name, domicile and mailing address of the company, the name and position of the legal representative or principal responsible person shall be stated.
(2) If the respondent is a unit, the name, domicile and mailing address of the unit, the name and position of the legal representative or principal responsible person shall be stated.
(3) The arbitration claim and the facts and reasons on which it is based.
(four) the evidence and its source, the name, domicile and contact information of the witness.
Note: The arbitration claim (subject matter) should be clear and accurate. Where a request for payment of wages is made, the year, month, year and month of the request for payment of wages, the amount to be paid each month and the total amount shall be stated.
Nine. Matters related to the written defense of arbitration
The respondent shall fill in the uniformly printed arbitration defense and submit copies according to the number of applicants. The arbitration defense shall include the following contents:
(a) the name of the applicant or the name of the unit, the name, gender, age, nationality, position, telephone number and address of the legal representative or principal responsible person.
(two) according to the arbitration request put forward by the applicant, explain their defense opinions one by one, and provide relevant evidence to prove the facts and reasons for explaining their defense opinions.
(3) Evidence and sources of evidence, names, residences and contact information of witnesses.
(4) If the respondent makes a counterclaim during the defense period, it shall submit a copy according to the number of applicants.
X. Rights and obligations of the parties concerned
(1) rights to be enjoyed
1. The applicant has the right to apply for personnel arbitration, and modify, cancel (or abandon) the arbitration application; The respondent has the right to make a defense, counterclaim and acknowledge the arbitration claim.
2. Have the right to entrust agents or recommend representatives to participate in arbitration activities.
3. Have the right to apply for the withdrawal of the arbitrator.
4, have the right to provide evidence, debate, request re identification, investigation and inspection.
5. Have the right to request mediation to close the case.
6. Have the right to bring a lawsuit to the people's court against the arbitration award within the prescribed time limit.
(2) Obligations to be undertaken
1. Have the obligation to abide by the discipline and trial procedures of the arbitration tribunal.
2. Have the obligation to truthfully state the case, provide evidence realistically, and bear legal responsibility for your words and deeds.
3. Have the obligation to respect the other party and other arbitration participants.
4. Have the obligation to consciously perform the legally effective arbitration award, conciliation statement and award.
XI。 correlative charges
The arbitration commission does not charge fees for handling personnel disputes. If it is necessary to conduct an inquest or appraisal of the relevant evidence during the trial of a case, the party requesting the inquest or appraisal shall pay it in advance according to the facts, and after the trial is over, it shall be borne by the losing party or the party jointly responsible by both parties. )
Twelve, the legal responsibility of the parties
If the parties and relevant personnel have one of the following acts in arbitration activities, the Arbitration Commission may criticize and educate them and order them to make corrections; Refuses to correct, you can suggest that the competent unit or administrative supervision department of the party concerned shall be given administrative sanctions; Violation of the "People's Republic of China (PRC) Public Security Administration Punishment Law" shall be punished by the public security organs according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Interfering with arbitration activities and preventing arbitrators from performing their official duties;
(2) Refusing to provide relevant documents, materials and other supporting materials;
(3) Providing false information;
(four) to take revenge on the arbitration staff, arbitration participants and witnesses;
(5) Refusing to perform the effective conciliation statement, award or legal obligation.
The above is the basic knowledge of arbitration business. If you have any questions, please contact the staff.
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