Labor Dispute Arbitration Rules

Original Language Title: 劳动人事争议仲裁组织规则

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201007/20100700258976.shtml

Labor dispute arbitration rules

    (January 20, 2010 human resource and Social Security Department of the 5th release come into force on the date of promulgation) Chapter I General provisions

    First for fair dealing with labour, personnel disputes in a timely manner, in accordance with the People's Republic of China Law on mediation and arbitration of labor disputes, as well as the People's Republic of China Law on civil servants and the Chinese people's Liberation Army civilian personnel and other relevant laws and regulations, these rules are formulated. A second labor dispute Arbitration Commission (hereinafter referred to as the Arbitration Committee) set up by the Government according to law, specializing in labour, personnel disputes (hereinafter the disputed) cases.

    Arbitration Committee shall be guaranteed by the financial.

    The Arbitration Committee to deal with disputed cases of the Tribunal system.

    The fourth human resources and social security Administrative Department is responsible for directing the administrative dispute mediation and arbitration work, organization and coordination dealing with trans-regional, affecting major disputed, responsible for management of the arbitrators, training and so on.

    Chapter II arbitration commissions and offices

    Fifth Committee of inquiry in accordance with overall planning, rational distribution and adapt to the actual needs of the principles established by provincial, autonomous regional and municipal people's Governments shall decide.

    Sixth the Arbitration Committee by the cadres Department representatives, representatives of relevant administrative departments such as human resources and social security, the military and civilian personnel working for competent authorities on behalf of the employing organization, representatives of trade unions, employers representatives and so on.

    Members of the Arbitration Commission shall be an odd number. Seventh shall have a Director and a member of the Arbitration Committee, Deputy Director and several members.

    The Arbitration Commission chaired by the Administrative Department.

    Eighth quorum the Committee shall perform the following duties:

    (A) the appointment and dismissal of full-time or part-time arbitrators;

    (B) the dispute cases;

    (C) discuss major or difficult cases;

    (D) the supervision of arbitration activities.

    Nineth Arbitration Committee shall hold at least two plenary meetings per year, study of the duties and important tasks.

    The Arbitration Commission or one-third per cent of the members of the Arbitration Committee proposed the convening of the meeting of the Arbitration Committee should be held.

    The principle of the minority subordinate to the majority decision of the Arbitration Commission. Tenth of the Arbitration Commission may be set up under the entity's offices, specific dispute mediation and arbitration work.

    Office name and arbitrators and other specifications and equipped with the staff in accordance with the provisions of the local people.

    11th unit can send part-time arbitrators of the Arbitration Commission offices involved in dispute mediation and arbitration activities.

    Chapter III Arbitration Tribunal

    12th processing dispute cases the Arbitration Committee shall form the Arbitration Tribunal, the implementation of a court case.

    13th following disputes shall be composed of three arbitrators Arbitration Tribunal, be a Chief arbitrator:

    (A) ten or more collective labour dispute, personnel;

    (B) has a major impact on the dispute;

    (C) the Arbitration Committee considers that a three-arbitrator Tribunal handling other cases.

    Simple cases can be represented by a arbitrator sole arbitrator.

    14th record officers in charge of the case at the arbitral court records and other related work.

    Records officer shall not concurrently by this Court arbitrator.

    15th composition does not comply with the provisions of the Arbitration Tribunal, the Arbitration Commission shall be revoked and the Tribunal. 16th the Arbitration Committee should have a special place of arbitration.

    Place of arbitration shall be suspended arbitration badge, post arbitral tribunal to discipline and attention, and equipped with necessary equipment for handling.

    Article 17th and audit personnel shall abide by the arbitral tribunal to discipline, without the permission of the Arbitration Tribunal shall not carry out audio, video, photos and other impediments to trial activity.

    18th in arbitration, the arbitrator should dress, wear the coat of arms of arbitration.

    Fourth chapter of arbitrators

    19th an arbitrator is appointed by the Arbitration Committee, professional staff of conciliation and Arbitration disputes by law.

    Arbitration is divided into full-time and part-time arbitrators.

    20th may, in accordance with the Arbitration Committee appoint a certain number of full-time arbitrators can also be based on case-handling work, cadres according to law departments, human resources and social security administrative departments, military and civilian personnel of the employing organization departments, trade unions, business organizations and other relevant bodies of the personnel, as well as experts and scholars, lawyers recruited part-time arbitrators.

    21st appointed arbitrator of the Arbitration Committee, should be in conformity with the People's Republic of China Law on mediation and arbitration of labor dispute arbitration provided for in the 20th in conditions of personnel selection.

    22nd an arbitrator from the date of appointment of the Arbitration Committee, which has the following responsibilities:

    (A) conciliation and Arbitration disputes cases according to law;

    (B) other duties stipulated by laws and regulations.

    23rd human resources and social security administrative departments are responsible for the arbitrators to be appointed for additional training. As the prefectural (City) and County (district) an arbitrator of the Arbitration Commission, participation in the province, autonomous region, municipality directly under the administration of human resources and social security sector organizations training before appointment of arbitrators.

    As a province, autonomous region, municipality directly under the Arbitration Commission for arbitration arbitrator of Arbitration Commission and Vice-provincial cities, and additional training before participating in the Department of human resources and social security organizations.

    24th human resources and social security Administrative Department is responsible for each year the business training of arbitrators within their respective administrative areas.

    25th appointment of arbitrators, the Administrative Department of human resources and social security card to the arbitrators and arbitration coat of arms.

    26th Panel of arbitrators of the Arbitration Committee shall be established, and shall be published.

    The provinces, autonomous regions and municipalities within the administrative area of the human resources and social security administrative departments shall be appointed an arbitrator of the Arbitration Committee list submitted to the Department of human resources and social security.

    27th the arbitration period is three years, the Arbitration Committee is responsible for the assessment, the assessment results as a basis for dismissal and reappointment.

    28th an arbitrator within the period jobs change, assessment is not qualified and should be dismissed in accordance with the provisions of this rule, the Arbitration Commission should be dismissed.

    29th the Arbitration Commission on the arbitration period expires without being renewed resignation, dismissal of arbitrators, the arbitrators and other reasons are no longer appointed arbitrators shall promptly withdraw certificates of arbitrator and arbitration coat of arms, and make an announcement.

    The fifth chapter arbitration monitoring

    30th Arbitration Committee shall to the appointment of arbitrator and arbitration supervision, including the acceptance of arbitration application, the arbitral tribunal composed of arbitration, arbitrators were monitored.

    31st the Arbitration Commission found shall be accepted within the statutory time limits have not been accepted or has been issued a rejection notice of dispute cases, the applicant has not yet initiate litigation to the people's Court shall, upon written request for the consent of the applicant, be admissible in a timely manner, and has issued a rejection notice.

    The 32nd an arbitrator shall not be any of the following acts:

    (A) practise favoritism, favour one of the parties;

    (B) abuse of authority, violations of the legitimate rights and interests of the parties;

    (C) the use of Office to seek personal benefits for themselves or others;

    (D) withhold evidence or falsify evidence;

    (E) secretly meets with the parties and their agents, parties and their agents treat or gift;

    (Vi) intentionally delaying handling, neglect their duties;

    (G) unauthorized disclose disposition of cases;

    (VIII) agents for the arbitration case while in Office;

    (IX) other acts of lawlessness.

    Article 32nd 33rd arbitrator of the rules, depending on the seriousness of the Arbitration Commission, give criticism, dismissal and other treatment; arbitrators units in accordance with relevant regulations of the State in which the offender constitutes a crime, criminal responsibility shall be investigated according to law.

    34th record officers should objectively records trial shall not be partial to one party and not objective records, deliberately altered records case handling process shall be kept confidential or be disclosed to certain parties, and so on.

    Records personnel violate the provisions of the preceding paragraph, reference to the provisions of the present rule 33rd.

    The sixth chapter supplementary articles

    35th arbitrators card produced by the Department of human resources and social security and free distribution.

    Coat of arms of arbitration by the Department of human resources and social security unified style.

    The 36th article of the rules come into force from the date of enactment. Originally issued on November 5, 1993 the Ministry of labour of the labor dispute Arbitration Commission rules (Dr [1993]300), March 22, 1995, the labour arbitrator appointment regulations (Department of labour [1995]142) as well as the original September 6, 1999 issued by the Ministry of personnel management measures of personnel dispute arbitration (human hair [1999]99) repealed simultaneously.