Mediation Provision Of Labour Disputes In Enterprises

Original Language Title: 企业劳动争议协商调解规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201203/20120300362027.shtml

Mediation provision of labour disputes in enterprises

    (November 30, 2011 17th release from the Department of human resources and social security as of January 1, 2012) Chapter I General provisions

    First consultation, to standardize Enterprise labor dispute mediation Act to promote harmonious and stable labor relations, according to the People's Republic of China Law on mediation and arbitration of labor disputes, these provisions are formulated.

    Article business disputes through consultation, mediation, and this provision shall be applicable.

    Article Enterprise shall perform the TUC, Trade Union Congress, and democratic openness of factory affairs management system, establish a collective consultation and collective contract system, maintenance of harmonious and stable labor relations.

Article fourth Enterprise shall set up a mechanism for employers and employees to communicate, free workers expressing the benefit claim. Workers believe that enterprises in the implementation of the labor contract, collective agreement, enforcement of labor protection laws, regulations and enterprise rules and regulations on labour and other problems, and can contribute to the enterprise labor dispute mediation Commission (hereinafter referred to as the Mediation Committee).

The Conciliation Commission shall promptly verify and coordinate business for rectification, or explain to the employee. Workers can also use mediation Committee other reasonable demands to the company.

    The Conciliation Commission shall be promptly transmitted to the enterprise, and feedback to the employee.

    Fifth article enterprises must strengthen humanistic concern of workers, concerned about the workers ' demands and concerns of workers ' mental health, guide rational rights workers to prevent labor disputes occur.

    Sixth consultation, mediation of labor disputes shall be based on the facts and the provisions of relevant laws and regulations, equality, free will, the principles of legality, impartiality and timeliness.

Seventh article human resource and social security administrative departments should guide enterprises to carry out labor dispute prevention and mediation work, performs the following functions:

(A) guiding the enterprises to abide by labor and social security laws, regulations and policies;

(B) urged the enterprise labor dispute prevention and early warning mechanisms;

(C) coordination of unions, business representative organizations to establish significant coordination of emergency collective labor dispute mediation mechanisms to jointly promote enterprise labor dispute prevention and mediation work;

    (D) check the Mediation Committee within the jurisdiction of organization, institution building and team building.

    Chapter consultation

    Article eighth labor dispute, a party may, with the other party to meet, interviews or any other means to resolve. Nineth laborers can require the Enterprise Trade Union participation or to assist in its consultations with the companies.

Consultation of trade unions can also be actively involved in the labor dispute, maintaining the lawful.

    Workers may be entrusted to another organization or individual consultations as its representative. Article tenth proposed consultations, upon request of a party, the other party shall respond orally or in writing to active.

5th do not respond, seen as unwilling to consult. Consultation period agreed in writing by the parties, no agreement within the agreed deadline, as negotiations fail.

    Parties may agree in writing to extend the term. 11th consensus, shall sign a written settlement agreement.

Settlement agreement is binding on the parties, the Parties shall perform. Review by the Arbitration Tribunal, settlement procedures and legally valid, the Arbitration Tribunal may be used as evidence.

    However, the parties for the purpose of reached a settlement compromise involved the recognition of the facts of the dispute, shall, in the subsequent arbitration as evidence against it.

    12th article occurred labor dispute, party unwilling to consultations, and consultations not or reached reconciliation agreement Hou, party party in agreed of term within not perform reconciliation agreement of, can law to mediation committee or Township, and street labor employment social security service by (Center), other law established of mediation organization application mediation, also can law to labor personnel dispute arbitration Committee (following referred to Arbitration Committee) application arbitration.

    Chapter III's mediation

13th medium to large enterprise shall establish a Conciliation Commission, and staffed with full-time or part-time staff. Branch, branch, branch of the enterprise, based on the need to establish a Conciliation Commission in the branch.

Guide branch of the Mediation Committee Mediation Committee at Headquarters to carry out preventive mediation of labor disputes.

    Conciliation Committee can be set up as needed in the workshop, workshop, team facilitation team.

    14th small enterprises can create a Conciliation Commission, can also be jointly elected by workers and businesses who conduct mediation. 15th Mediation Committee comprising representatives from the representatives of workers and enterprises, by both parties to determine the number, number should be equal on both sides. Workers represented by the Trade Union Committee members or elected by all workers, business representatives designated by the business leaders.

    Mediation Board Director of Trade Union Committee member or elected officers on both sides.

16th Conciliation Committee shall perform the following duties:

(A) the promotion of labor and social security laws, regulations and policies;

(B) on the occurrence of the enterprise labor dispute mediation;

(C) to monitor implementation of the settlement agreement, the conciliation agreement;

(D) the appointment and dismissal of management and mediators;

(V) involved in coordinating the performance of the labor contracts and collective contracts, issues arising in the implementation of labor regulations;

(F) participation in the involving the interests of workers, a major programme;

    (G) assist the enterprise labor dispute prevention and early warning mechanisms.

17th the mediator shall perform the following duties:

(A) awareness of the State Enterprise labour relations, Mediation Committee report in a timely manner;

(B) conciliation committee assignments, mediating labor dispute cases;

(C) to monitor implementation of the settlement agreement, the conciliation agreement;

    (D) complete other work assigned by the Mediation Committee. 18th mediators should be fair and honest, enthusiastic masses and mediation work, with certain labor and social security law and policy knowledge and communication skills.

    Mediators appointed by the Mediation Committee of the enterprise staff, members of the Conciliation Board as mediators. 19th mediator period of at least 1 year, renewal.

    The mediator is unable to perform mediation duties, the Conciliation Commission shall be promptly adjusted.

    20th the mediator to perform mediation duties require production or work time, enterprises should be supported and treated in accordance with normal attendance.

Article 21st where a labor dispute arises, either orally or in writing by the parties to the Mediation Committee mediation request.

Application should include the applicant requests for general information, mediation, fact and reason.

    Oral application, the Conciliation Commission shall record on the spot. 22nd after receiving applications for the Conciliation Committee, on the part of the scope of acceptance of labor disputes and the parties agree to mediation, it shall, within 3 working days to accept.

    Does not belong to the scope or the party does not agree to mediation of labor disputes shall be recorded, and notify the applicant in writing.

    Article 23rd where a labor dispute arises, the parties did not submit applications for, the Conciliation Commission may voluntarily after the consent of the parties agree to mediation. Article 24th labor dispute mediation committee mediation are generally not open to the public.

    However, the parties except for the request for a public mediation.

25th designated according to the circumstances of the case the Mediation Committee mediation or mediation the mediation group, after the consent of the parties, can also invite relevant entities and individuals assist in mediation.

    Mediators should fully hear the statements of the parties, adopt flexible and diverse way, patience, careful grooming of persuasion work to help voluntary conciliation agreements reached by the parties. Article 26th mediation agreement reached through conciliation, the Conciliation Commission a conciliation agreement.

A mediation agreement shall clearly state the basic situation of the parties, the mediation request, the outcome of conciliation and time of performance, performance of the agreement and so on.

Mediation agreement signed or sealed by the parties, the mediator, signed and sealed by the Mediation Committee after the entry into force.

    Mediation agreement in three copies, holds one of the parties and the Mediation Committee.

27th commencement of the mediation agreement is binding on the parties, the Parties shall perform. Can mediation the parties from the date of entry into force of the agreement in the 15th joint arbitration to the Arbitration Committee to review applications.

    After the Arbitration Committee accept, mediation agreements should be reviewed, and in accordance with the rules of labor dispute arbitration case Article 54th, legal and effective mediation agreement on the procedure and contents and issue mediation.

28th the parties arbitration review application not complying with the provisions of the preceding article, a party does not perform the mediation agreement in the agreed time limit, you can apply for arbitration by the other party.

    After accepting the application for arbitration of the Arbitration Commission, the conciliation agreement should be reviewed, mediation agreements legal and does not damage the public interest or the legitimate interests of third parties, in the case of no new evidence, the Arbitration Committee can be made according to the conciliation agreement arbitration award. Article 29th labor dispute mediation committee mediation, shall from the date of accepting an application for mediation in the 15th over.

However, the two sides agreed to extend the deadline may be extended by the parties.

    Mediation agreement is reached within the time limit specified in the preceding paragraph, as mediation fails.

    30th party unwilling to mediate, mediation or conciliation agreement, the party does not perform the mediation agreement within the agreed period, the Conciliation Committee shall make a record, signed or sealed by the parties, and shall inform the party concerned may apply to the Arbitration Commission for arbitration.

31st under any of the following circumstances, in accordance with the rules of the labor dispute arbitration case tenth article arbitration interruption from broken play, the validity of arbitration shall recalculate:

(A) the proposed consultations, upon request of a party, the other party does not agree to negotiation or does not respond within the 5th;

(B) within the agreed period of consultations, one or both of the parties did not agree to continue consultations;

(C) within the agreed period of consultations no consensus;

(D) the settlement agreement, one or both of the parties fails to perform within the time limit stipulated in the settlement agreement;

(E) the proposed mediation upon application of a party, the other party does not agree to mediation;

(F) the Mediation Committee mediation upon application within the period provided for in article 29th one or both of the parties do not agree to mediation;
(VII) the 29th mediation agreement is reached within the time limit provided for in article;

(H) after the mediation agreement is reached, a party does not perform the mediation agreement within the agreed period.

    Article 32nd registration of the Conciliation Commission shall establish mediation, mediation records, urging implementation, records management, business training, statistical reports, job evaluation systems.

    33rd article enterprise must support the mediation the Mediation Committee, providing office space and support requirements.

    34th enterprises in accordance with the provisions of article set up a Mediation Committee, labor disputes or incidents are frequent, affecting the harmonious labor relations, have a major social impact, human resources and social security administration departments at or above the county level shall be communicated; violations of the laws and regulations, be dealt with according to law.

    35th in the mediation process, the mediator has serious misconduct or violations, violations of the legitimate rights and interests of the parties, the Conciliation Commission should be dismissed.

    The fourth chapter by-laws

    Article 36th privately-run non-enterprise units and social organizations to carry out labor dispute negotiation and mediation by reference to these regulations. 37th article of the regulations come into force on January 1, 2012.