People's Republic Of China On Mediation And Arbitration Of Labor Disputes Law

Original Language Title: 中华人民共和国劳动争议调解仲裁法

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People's Republic of China President 80th the People's Republic of China Law on labor dispute mediation and arbitration by the People's Republic of China deputies of the 31st meeting of the Standing Committee, adopted on December 29, 2007, are hereby promulgated and take effect on May 1, 2008.  People's Republic of China President Hu Jintao December 29, 2007 People's Republic of China on mediation and arbitration of labor disputes Act (December 29, 2007 Deputies adopted by the 31st session of the Standing Committee) contents chapter I General provisions section I General provisions chapter II chapter III arbitration mediation request in section II and section III of admissibility hearing and award the fourth chapter by-laws chapter I General
    First to fair and timely settlement of labor disputes, protect the legitimate rights and interests of the parties to promote harmonious and stable labor relations, this law is enacted. Second article People's Republic of China territory of employing units and workers occurred of following labor dispute, applies this method: (a) for confirmed labor relationship occurred of dispute; (ii) for made, and perform, and change, and lifted and terminated labor contract occurred of dispute; (three) for removal, and dismissed and resigned, and left occurred of dispute; (four) for work time, and rest vacation, and social security, and welfare, and training and labour protection occurred of dispute; (five) for labor paid, and injury medical, and
    Economic disputes, such as compensation or damages, (vi) other labor disputes prescribed by laws and regulations.
    Third resolution of labor disputes shall be based on the fact that, following the principle of lawful, fair, timely, focused on mediation, protect the legitimate rights and interests of the parties.
    Article fourth labor dispute, workers could negotiate with the employer or trade union or third parties, please consult with the employer in reaching an amicable agreement.
    Article fifth labour disputes arise, parties do not wish to negotiate, negotiation or reached a settlement agreement is not fulfilled, may apply to the mediation mediation; mediation, mediation or conciliation agreement reached does not fulfil, to the labour disputes Arbitration Committee for arbitration; arbitral appeal, except as otherwise stipulated by this law, may initiate litigation to the people's Court. Article sixth labor dispute, the party for their own claims, has the responsibility to provide evidence.
    Evidence relating to the matter in dispute is the employer master management, employers should be provided; the employer does not provide, shall bear the negative consequences.
    Seventh ten or more labour disputes arise between the workers party and a joint request, can nominate representatives to participate in mediation, arbitration or litigation.
    Eighth labour Administrative Department of the people's Governments above the county level shall, in conjunction with trade unions and representatives of enterprises in coordinating the labor relation tripartite mechanism established to jointly address major issues of labor dispute.
Nineth an employer in violation of State regulations, or fails to pay labor remuneration in arrears, or arrears of work injury medical expenses, economic compensation or damages, the worker may complain to the labour administrative department, the labor Administrative Department shall be dealt with according to law.
    Chapter II conciliation article tenth labor dispute, mediation Organization for mediation parties can go to the following: (a) the enterprise labor dispute mediation Commission; (b) grass-roots organization of people's mediation law and (iii) set up in towns, streets with the function of labor dispute mediation organizations. Enterprise labor dispute mediation Commission is composed of employee representatives and Enterprise representatives. Employees represented by the trade union members or elected by all employees, business representatives designated by the business leaders.
    Enterprise labor dispute mediation Commission by the trade union members or elected officers on both sides.
    11th the mediator of labor dispute mediation organizations shall be fair and honest, enthusiastic masses and mediation work, and with a certain level of knowledge of law, policy and education of adult citizens. 12th the Parties apply for labor dispute mediation may apply in writing, or orally.
    Oral application, the mediation Institute shall record the applicant, for mediation of the dispute, the reasons and time.
    13th conciliation of labor disputes, should fully hear the parties on the statement of facts and reasons, patient counseling, and help them reach an agreement.
    14th as a conciliation agreement, it shall make the mediation agreement.
    Mediation agreement signed or sealed by the parties and mediators signed and sealed by the mediation organizations after the entry into force, shall be binding on the parties, the Parties shall perform.
    Mediation applications received since the labor dispute mediation organizations within 15th of the mediation agreement is reached, the parties concerned may apply for arbitration.
    15th reach a mediation agreement, one of the parties fails to perform within the period stipulated in the agreement of the conciliation agreement, may apply for arbitration by the other party. 16th due to payment of labor remunerations, work injury medical expenses, economic compensation or damages reached a mediated settlement, the employer fails to perform within the period stipulated in the agreement, paid employee may hold a mediation agreement apply to a people's Court according to law.
The people's Court shall issue an order of payment according to law. 17th General provisions section I of chapter III arbitration of labor dispute arbitration Committee in accordance with the overall planning and rational principles of layout and adapt to the actual needs of the establishment. People's Governments of provinces, autonomous regions may decide to set up in the city and County and municipal people's Governments may decide to set up in the district and County. Metropolitan districts of the city you can also set up one or several labour disputes Arbitration Committee.
    Not according to the administrative division of the labor dispute arbitration committee set up layer by layer. Article 18th labour administrative departments of the State Council formulate arbitration rules in accordance with this law.
    The provinces, autonomous regions and municipalities the labor Administrative Department to guide the administrative arbitration of labor disputes. Article 19th by the labor Administrative Department of labor dispute Arbitration Commission representatives, representatives of trade unions and business representatives.
    Members of the labor dispute Arbitration Commission shall be an odd number.
    Labor dispute arbitration commissions shall perform the following duties: (a) the appointment and dismissal of full-time or part-time arbitrators; (b) the cases of labor disputes, and (iii) discussion of major or complicated labor dispute cases; (d) the supervision of arbitration activities.
    Labor dispute arbitration commissions shall set up offices, responsible for the daily work of labor dispute arbitration commissions.
    Article 20th Panel of arbitrators of labor dispute arbitration commissions shall be established.
    One arbitrator shall be impartial and in accordance with the following conditions: (a) served as a judge, (ii) engaged in teaching legal research, and has more than mid-level titles and (iii) has the legal knowledge and engaging in human resource management or five years ' professional work such as Trade Union; (iv) lawyers for three years.
    21st labor dispute arbitration Committee in charge of labor disputes in the region. Labor dispute the labor contract governed by the labor dispute Arbitration Commission or the location of the employer.
    Parties to the labor contract is performed and the location of the employer of a labour dispute arbitration Committee for arbitration, the labor contract is performed by the labor dispute Arbitration Commission's jurisdiction.
    22nd labour disputes arise between workers and employers as the parties to a labour dispute arbitration case.
    Labor dispatch service providers or employers of labor disputes with the workers, staffing firms and accepting units for common clients.
    Article 23rd labor dispute cases that have a stake in the results of a third person, may apply to participate in arbitration or arbitration of labor dispute arbitration Committee notified their participation in the activity. Article 24th may entrust an agent to participate in arbitration activities.
    Delegate to participate in arbitration activities, shall be submitted to the labour dispute arbitration Committee of principal signed or sealed by the power of Attorney, power of attorney shall set forth the matters entrusted and the permissions. 25th totally or partially incapacitated workers, represented by their legal agent to participate in arbitration activities; no statutory agent, specified by the labor dispute Arbitration Commission for the agent.
    Worker is dead, their close relatives or representatives to participate in arbitration activities.
    26th a labor dispute arbitration in public, but the parties agree not to open or involves State secrets, business secrets and personal privacy exception. Section II application and acceptance article 27th one year limitation period for applying for arbitration of labor disputes.
    Validity of arbitration from the parties know or ought to know the date on which the right was infringed. The validity of arbitration provided for in the preceding paragraph, for the other party to the claim of the other party, or request to the relevant authorities the right to relief, interrupted or the consent of the other party to fulfil its obligations.
    From the moment interrupted, the validity of arbitration shall recalculate. Due to force majeure or other justifiable reasons, the parties can not validity of arbitration provided for in the first paragraph of this article shall apply for arbitration, arbitration suspension.
    From the date of suspension of the limitation when the cause of the validity of arbitration shall resume.
    Duration of arrears of remuneration of labor relations disputes, a laborer applies for arbitration against the first paragraph of this article of the validity of arbitration shall limit; however, termination of the employment relationship, shall be submitted within one year from the date of termination of the employment relationship.
    28th the applicant applying for arbitration shall submit a written application for arbitration and copies submitted in accordance with the number of the respondents.
    The arbitration application shall contain the following particulars: (a) the worker's name, sex, age, occupation, place of work and residence, employer name and address and name of the legal representative or principal responsible person, position, (ii) the request for arbitration and was based on the facts and reasons; (c) the evidence and sources, the names and addresses of witnesses. There is difficulty in writing an application for arbitration, oral, recorded by the labor dispute Arbitration Commission and inform the other party.

    29th day of receipt of the application for arbitration of labor dispute arbitration Committee in the 5th, that is admissible, shall accept, and notify the applicant accordingly; do not consider it admissible, shall notify in writing the applicant inadmissible, together with the reasons.
    The labor dispute Arbitration Commission shall not accept or fails to make a decision, the applicant can bring the matter to the labor dispute to the people's Court.
    30th after a labor dispute arbitration Committee for arbitration, the arbitration application, serve a copy on the respondent in the 5th. By the applicant upon receipt of the copy of the request for arbitration, to the labor dispute Arbitration Commission shall, within the 10th respondent. After the labor dispute Arbitration Commission received reply, applicant shall serve a copy of the statement of defense within the 5th.
    Respondent did not submit the written pleadings, do not affect the conduct of the arbitration proceedings. Section III hearing and award 31st labor dispute arbitration committee ruling court of arbitration of labor dispute cases. Arbitral tribunal composed of three arbitrators, be a Chief arbitrator.
    Simple labor dispute cases may be single arbitration by one arbitrator.
    Article 32nd labor dispute Arbitration Commission shall, from the date of acceptance of the arbitration application within the 5th will be the composition of the arbitral tribunal to notify the parties in writing.
    33rd article arbitration Member has following case one of, should avoided, party also right to to oral or written way proposed avoided application: (a) is this case party or party, and agent of near relatives of; (ii) and this case has interest relationship of; (three) and this case party, and agent has other relationship, may effect just ruling of; (four) privately meets party, and agent, or accept party, and agent of treat gift of.
    Application for withdrawal of the labor dispute arbitration Committee shall promptly make a decision, and notify the parties orally or in writing. Article 34th 33rd fourth of this law the arbitrators as provided, or bribes, of favoritism, perverting the arbitration, shall bear legal liability.
    Labor dispute arbitration commissions shall be dismissed. 35th Arbitration Tribunal shall sit in 5th, date and place of the hearing by notice in writing to both parties. Justified by the parties, may sit in the 3rd request for postponement of the hearing.
    Whether to postpone the decision by the labor dispute Arbitration Commission.
    Article 36th applicants receive written notification, without any justified reason, refuses to appear or by the arbitral tribunal agreed halfway close, can be deemed withdrawal of an application for arbitration.
    Applicants receive written notification, without any justified reason, refuses to appear or by the arbitral tribunal agreed halfway close, you can award.
    37th arbitral tribunal specifically considered the issue of need identification, can be referred to the parties agree that identification of the bodies identified; no agreement or cannot reach an agreement by the parties, specified by the arbitral institution identification. According to the request of the parties or the arbitral tribunal at the request of, an accreditation body shall send experts to participate in the hearing.
    Leave of the arbitral tribunal by the parties, you can ask the experts questions. Article 38th right to cross-examine and debate during the arbitration process.
    Cross-examination and at the end of the debate, the presiding arbitrator or the sole arbitrator shall solicit the final opinion of the parties.
    39th verified evidence provided by the parties, the arbitral tribunal shall be as the basis for ascertaining the facts. Workers cannot provide mastering management by the employer and evidence relating to the request for arbitration, the arbitral tribunal may require the employer to provide a specified period.
    Provided by the employer within a specified period, shall bear the negative consequences. 40th Arbitration Tribunal shall make a written record of the hearing. Parties and other participants in the arbitration that the records of their own statements there are omissions or errors, the right to apply for corrections.
    If not corrected, the application shall be recorded.
    Transcripts, recorded by the arbitrators, the parties and other participants in the arbitration signed or sealed. 41st after the party applying for arbitration of labor disputes, of their own accord.
    Reached a settlement agreement, may withdraw an application for arbitration.
    42nd before the Arbitration Tribunal made the ruling, should mediate.
    A conciliation agreement, the arbitral tribunal shall be made of mediation. The conciliation statement shall clearly state the outcome of the arbitration request and agreement of the parties. Mediation shall be signed by the arbitrators and sealed by the labor dispute Arbitration Commission, and served on both parties.
    After mediation by both parties to sign, which has taken legal effect.
    Before the service of the mediation or conciliation, estoppel of a party, the Tribunal shall make a timely decision. Article 43rd arbitral cases of labor disputes, labour disputes Arbitration Committee shall be from date of acceptance of the arbitration application within 45 days from the end. Complex cases need an extension, approved by the Director of the labor dispute Arbitration Commission, and notify the parties in writing may be postponed, but extend the deadline not later than 15th.
    Fails to make an arbitral award, the labor dispute parties may initiate litigation to the people's Court.
    When the arbitral tribunal to adjudicate in labour dispute cases, and some of the facts are clear, the partial award.
    44th arbitral recourse labor remunerations, work injury medical expenses, economic compensation or damages case, upon application of the parties, rule execution, transferred to the people's Court for execution.
    Prior execution of arbitral awards, shall comply with the following conditions: (a) the relationship of rights and obligations between the parties, (ii) not advance execution would seriously affect the applicant's life.
    A laborer applies for advance execution may not be guaranteed. Article 45th awards shall be made in accordance with the views of the majority of the arbitrators, a few different opinions of the arbitrators shall be entered into the record.
    When the arbitral tribunal cannot form majority, the award shall be made in accordance with the opinion of the presiding arbitrator. Article 46th award shall include the arbitration request, disputed facts, the reasons for, the decision and decision date. Decisions shall be signed by the arbitrators and sealed by the labor dispute Arbitration Commission.
    Different views on decisions of an arbitrator, signed or not signed.
    47th article following labor dispute, except this method another has provides of outside, arbitration ruling for final ruling, ruling book since made of day up occurred legal effectiveness: (a) recourse labor paid, and injury medical, and economic compensation or compensation gold, not over local months minimum wage standard 12 months amount of dispute; (ii) for implementation national of labor standard in work time, and rest vacation, and social security, aspects occurred of dispute.
    48th labourers who refuses to accept the arbitration award of the 47th article of this law, from the date of receipt of the arbitration award in the 15th initiate litigation to the people's Court.
    49th article employing units has evidence proved this method 47th article provides of arbitration ruling has following case one of, can since received arbitration ruling book of day up 30th within to labor dispute arbitration committee location of intermediate people's court application revoked ruling: (a) applies legal, and regulations does have errors of; (ii) labor dispute arbitration Committee no jurisdiction right of; (three) violation statutory program of; (four) ruling by according to of evidence is forged of; (five) other party hide has enough to effect just ruling of evidence of;
    (F) the arbitrator in the arbitration of the case for bribes bribery, favoritism, perverting the arbitration.
    Court determined by the collegial examination and verification of any of the circumstances set forth in the preceding paragraph, shall make a decision to withdraw.
    Arbitral award is revoked by court, from the date of receipt of the order, the parties may 15th on the labor dispute to the people's court proceedings.
    50th party of this law article 47th refuses to accept the arbitration of labor dispute cases other than the ruling, from the date of receipt of the arbitration award in the 15th initiate litigation to the people's Court; the expiration of non-prosecution, judgement becomes legally effective. 51st parties legally effective mediation, adjudication, shall, in accordance with the prescribed time limit to fulfil. One of the parties fails to perform, the other party may, in accordance with the relevant provisions of the civil procedure law apply to the people's Court for enforcement.
Court for accepting applications shall, according to law enforcement.
    Fourth chapter supplementary articles article 52nd institutions ' employment of staff labor disputes with the unit, in accordance with this law; otherwise stipulated by laws, administrative regulations or the State Council, in accordance with its provisions. 53rd labor dispute arbitration free of charge.
    Labor dispute arbitration Committee is funded by the financial security. 54th this law shall come into force on May 1, 2008.