With reference to Article 77 of the Labor Law of People's Republic of China (PRC), if a labor dispute arises between an employer and an employee, the parties may apply for mediation, arbitration or bring a lawsuit according to law, or settle it through consultation. The principle of mediation applies to arbitration and litigation procedures.
According to Article 79 of the Labor Law of People's Republic of China (PRC), after a labor dispute occurs, the parties may apply to the Labor Dispute Mediation Committee of the unit for mediation. If mediation fails and one party requests arbitration, it may apply to the Labor Dispute Arbitration Committee for arbitration. One party may also directly apply to the Labor Dispute Arbitration Commission for arbitration. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.
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According to the provisions of Article 80 of the Labor Law of People's Republic of China (PRC), a labor dispute mediation committee may be established within the employer. The labor dispute mediation committee consists of workers, employers and trade union representatives. The director of the labor dispute mediation committee shall be a trade union representative. If an agreement is reached through mediation in a labor dispute, the parties concerned shall perform it.
According to Article 81 of the Labor Law of People's Republic of China (PRC), the labor dispute arbitration committee is composed of representatives from the labor administrative department, the trade union at the same level and the employing unit. The chairman of the labor dispute arbitration committee shall be a representative of the labor administrative department.
According to Article 82 of the Labor Law of People's Republic of China (PRC), the party requesting arbitration shall submit a written application to the Labor Dispute Arbitration Committee within 60 days from the date of the labor dispute. The arbitration award shall generally be made within 60 days after receiving the arbitration application. If there is no objection to the arbitration award, the parties must perform it.
According to Article 83 of the Labor Law of People's Republic of China (PRC), if a party to a labor dispute refuses to accept the arbitration award, he may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award. If one party neither brings a lawsuit nor performs the arbitration award within the statutory time limit, the other party may apply to the people's court for compulsory execution.
With reference to Article 84 of the Labor Law of People's Republic of China (PRC), if a dispute arises due to the signing of a collective contract and the parties fail to resolve it through consultation, the labor administrative department of the local people's government may organize relevant parties to coordinate and handle it. Disputes arising from the performance of the collective contract, if the parties fail to resolve through consultation, may apply to the labor dispute arbitration committee for arbitration; If you are dissatisfied with the arbitration award, you can bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award.
Yixing Planning Bureau-People's Republic of China (PRC) Labor Law