Labor dispute arbitration case rules

    (January 1, 2009 human resources and social security announced come into force on the date of promulgation, 2nd) Chapter I General provisions

    First for fair and timely labor and personnel disputes (hereinafter referred to as controversy), standard arbitration case procedure, in accordance with the People's Republic of China Law on mediation and arbitration of labor disputes (hereinafter referred to as mediation and arbitration law), as well as the People's Republic of China Law on civil servants (hereinafter referred to as the civil service law), the Chinese people's Liberation Army civilian personnel regulations and the relevant provisions of the relevant laws and regulations, the State Council, these rules are formulated.

    Article II the following dispute arbitration rules apply:

    (A) enterprise, and individual organization, and private non-enterprises, organization and workers Zhijian, and organ, and institutions, and social groups with established labor relationship of workers Zhijian, for confirmed labor relationship, made, and perform, and change, and lifted and terminated labor contract, work time, and rest vacation, and social security, and welfare, and training and labour protection, labor paid, and injury medical, and economic compensation or compensation gold, occurred of dispute;

    (B) implement method bodies and the appointment of civil servants among civil servants, the civil service law and management of (units) and disputes arising from the performance of the employment contract between the appointment of staff;

    (C) institutions and staff for removal, dismissal, resignation, termination termination of personnel relations as well as the performance of the employment contract disputes;

    (D) between community groups and staff due to removal, dismissal, resignation, separation, termination of personnel relations as well as the performance of the employment contract disputes;

    (E) civilian personnel recruitment units and disputes arising from the performance of a contract between the civilian personnel;

    (F) the laws and regulations by the Arbitration Committee to deal with the other disputes.

    The Arbitration Committee to deal with disputes, shall abide by the principles of lawfulness, fairness, mediate, timely decisions.

    Fourth ten or more workers party in dispute or labour disputes arising from the performance of the collective contract, the Arbitration Committee will have priority filing give priority.

    The Arbitration Committee to deal with labour disputes arising from the performance of the collective contract, should be dealt with in accordance with the tripartite composition of the arbitral tribunal.

    Chapter II general provisions

    Article fifth labour disputes arising from the performance of the collective contract, settled by negotiation fail, trade unions may apply for arbitration has not been set up, trade unionists, representatives elected by the parent guidance workers apply for arbitration according to law.

    Sixth ten or more workers party to the dispute, and a joint request, the worker may elect between three and five representatives who participate in arbitration activities.

    Article seventh representative to participate in the Arbitration Act come into effect on the parties they represent, they represent change, waive his claim or the claim of the other party, reconciliation, approval must be representative of the party.

    Eighth article disputes the employer is revoked, order is closed down, and the employer decided to dissolve it, business, must be held accountable for, be investors according to law, operating units or authorities as a common client.

    Nineth laborer and individual contractors dispute to the Arbitration Commission for arbitration according to law, should be the employer's organization or individual contractors, as the parties.

    Tenth in the dispute for arbitration within the limitation period, any of the following circumstances, arbitration interruption from broken play, the validity of arbitration shall recalculate:

    (A) the party through consultation, apply for mediation, to the claim of the other party;

    (B) the Party complained to the authorities, to the Arbitration Commission for arbitration, to the Court or apply for a payment order requested, inter alia, the right to relief;

    (C) the consent of the other party to fulfil its obligations. 11th due to force majeure, or without capacity or with limited capacity for civil conduct workers ' legal representatives are not identified other legitimate reasons, cannot be provided by the parties during the arbitration application, suspension of arbitration.

    From the date of suspension of the limitation when the cause of the validity of arbitration shall resume. 12th a labor contract is performed practical workplace for the employee, the location of the employer for employer registration, registration.

    Without registration, registration of the employer, its investors, start your own unit or where the competent authority is the location of the employer.

    After accepting the case, the labor contract is performed and the location of the employer changes, does not change the jurisdiction of the arbitration.

    More than one arbitration board have jurisdiction, by accepting the jurisdiction of the Arbitration Committee.

    13th the Arbitration Committee found that cases do not fall within its jurisdiction, it shall refer to the jurisdiction of the Arbitration Commission, and notify the parties in writing. On the transfer case, the Arbitration Committee should receive by law of the transfer.

    Custody of the Arbitration Committee considers the case in accordance with the provisions of the transfer is not part of the jurisdiction of the Arbitration Committee, or jurisdictional disputes through consultation between the Arbitration Committee, shall be submitted to the joint jurisdiction of the competent authority of the Arbitration Committee at a higher level. Article 14th jurisdictional objections raised by the parties, should be submitted in writing prior to the expiration of reply.

    Late filed by the parties, without prejudice to the conduct of the arbitration proceedings, a party refuses to accept the award, can apply to the people's Court or withdrawn.

    15th Parties applying for withdrawal shall state the reasons, raised at the beginning of the proceedings; withdrawal cause know after the beginning of the proceedings, be submitted before the end of the trial debate; trial emerged after the end of the debate by the parties, without prejudice to the conduct of arbitration proceedings, a party refuses to accept the award, can apply to the people's Court or withdrawn.

    Is requested to withdraw the personnel in the Arbitration Committee before making a decision on whether to avoid shall suspend participation in the handling of the case, but because the case except for the need to take urgent measures. 16th an arbitrator is avoided, authorized by the Arbitration Committee or the decisions of Heads of offices.

    Director case whether an arbitrator of the Arbitration Committee avoided, decided by the Arbitration Committee. 17th the parties have a responsibility to provide evidence on his claims.

    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.

    18th in law does not specify, 17th article under these rules is unable to determine the burden of proof borne, the arbitral tribunal may in accordance with the principle of fairness and the principle of good faith, comprehensive factors such as burden of proof the burden of proof borne by the parties. 19th party bears the burden of proof should be on the Arbitration Committee within a specified period to provide relevant evidence.

    Provided by the parties within a specified period, shall bear the negative consequences.

    Article 20th due to objective reasons unable to collect evidence, the Arbitration Committee may upon application of the parties in the light of the People's Republic of China to collect the relevant provisions of the civil procedure law Arbitration Committee deems it necessary, may also decide to refer to the People's Republic of China to collect the relevant provisions of the civil procedure law.

    21st the Arbitration Commission shall survey to obtain evidence, the relevant organizations and individuals shall assist.

    22nd in disputes relating to evidence, evidence submitted, exchange of evidence, evidence, evidence, evidence and other matters not provided for in these rules, reference to the relevant provisions of the rules of evidence in civil proceedings.

    23rd during the arbitration, including legal and Arbitration Committee during the specified period. Arbitration Commission for arbitration documents must be served on the certificate of service, by the addressee in the certificate of service is written the date of receipt, signature or seal.

    Addressee in the receipt date on the certificate of service for service.

    During the arbitration and arbitral instruments for calculating the service, during the Arbitration Committee can refer to the civil action on computing and service-related provisions.

    Article 24th after the end of the case, the Arbitration Committee should be formed in the process of filing all material.

    25th-arbitration case files volume and Vice-volume binding.

    Volumes include: application for arbitration, acceptance (inadmissible) notices, defense, legal representative identity certificates, power of Attorney, survey evidence, transcripts, court notices, record, notice of extension, arbitration proposals, mediation books, awards, delivery receipts, and so on.

    Sub include: review investigation records, filing form, outline, reading notes, meeting notes, papers and closed form. 26th the Arbitration Committee shall establish and file access system.

    On the non-confidential content, parties and their agents should be allowed access, photocopying. 27th arbitration mediation and other forms of closed files, shelf life of not less than five years, arbitral case files, shelf life of not less than ten years, from its otherwise provided by regulations of the State.

    Save the files after the expiry of, should be dealt with in accordance with the relevant provisions of the archives management.

    28th in arbitration activities involve State secrets and military secrets, in accordance with the confidentiality provisions of the State and the army.

    Chapter III arbitration proceedings

    First application and acceptance

    29th 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, work, residence, address and contact telephone number, employer's name, address, mailing address, contact telephone number and name of the legal representative or principal responsible person, job;

    (B) the request for arbitration and was based on the facts and reasons;

    (C) the evidence and sources, names and addresses of witnesses.

    There is difficulty in writing an application for arbitration, oral, recorded by the Arbitration Committee, confirmed by the applicant's signature or seal.
Applicant a written arbitration application materials are complete, the Arbitration Commission shall issue a pickup receipt.

    Application or material not available for arbitration, the Arbitration Commission should be spot or inform all applicants need to supplement material in conjunction within the 5th.

    Correction of all materials according to the requirements of the applicant, the Arbitration Commission shall issue a pickup receipt.

    30th Arbitration Commission on the arbitration application shall comply with the following conditions to be admissible, within the 5th days of receiving the application and accept the notice issued to the applicant:

    (A) belong to the scope of disputes provided for in article II of the rules;

    (B) there is a clear request for arbitration and the fact that reason;

    (C) apply for arbitration within the statutory period of limitation;

    (D) the jurisdiction of the Arbitration Commission.

    Article 31st not in conformity with article 30th I, II, III one of the provision's application for arbitration, the Arbitration Board shall not accept, within the 5th days of receiving the application and issued a rejection notice to the applicant.

    Does not meet the requirements of article 30th fourth application for arbitration, the Arbitration Commission shall, from the date of receiving the application in the 5th, made written statements to the applicant and inform the applicant to the jurisdiction of the Arbitration Committee for arbitration.

    Fails to make a decision or decide not to accept the Arbitration Committee, the applicant may initiate proceedings in respect of the matters in dispute to the people's Court.

    32nd after the Arbitration Commission is hearing the case, discovered that he should not receive, in addition to the prescribed rule 13th, the case shall be dismissed and 5th since you decided to dismiss the case, in accordance with the provisions of the present rule 31st notify the parties in writing.

    33rd applicants when applying for arbitration, the Arbitration Committee, will guide the parties resolve disputes through negotiation, mediation and other means, give the necessary legal interpretation and risk.

    34th after the Arbitration Committee accepts application 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 shall reply to the Arbitration Committee in the 10th. After receipt of the statement of the Arbitration Committee, shall, within the 5th respondent copy to be delivered to the applicant.

    Being the applicant fails to submit the statement of Defense, without prejudice to the conduct of arbitration proceedings.

    35th respondent may apply in reverse during the defence, the Arbitration Commission shall be from the date it received by the applicant against the application decide whether to entertain and inform the applicant in the 5th.

    Decision of admissibility, the Arbitration Commission counter-claims and applications can be consolidated.

    The counter-claim should be separately applied for arbitration of the dispute, the Arbitration Commission shall notify the applicant to apply for a separate arbitration; this application if it is not part of the provisions of this rule shall accept the dispute, the Arbitration Commission shall issue a rejection notice to the respondent.

    Reply of the applicant after the expiration of a counter-claim against the applicant, shall be made separately dealt with.

    Section II hearing and award

    Article 36th Arbitration Commission shall be the date of acceptance of the arbitration application within 5th composition the composition of the arbitral tribunal and the Arbitration Tribunal to notify the parties in writing. 37th the 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, decided by the Arbitration Committee in accordance with the actual situation. Article 38th applicants receive written notification, without any justified reason, refuses to appear or by the arbitral tribunal agreed halfway close, you can withdraw an application for arbitration, the applicant again applied for arbitration, the Arbitration Commission was inadmissible.

    Applicants receive written notification, without any justified reason, refuses to appear or by the arbitral tribunal agreed halfway close, you can award.

    39th article during the hearing, the arbitrator shall hear statements from the applicant and the applicant's reply to preside over the trial investigations, evidence and debate, consulted the parties concluding observations and mediation. 40th Arbitration Tribunal shall make a written record of the hearing. Party or other participants in the arbitration that the records of their own statements there are omissions or errors, the right to apply for corrections.

    Arbitral tribunal considers the application without reason or without necessary, can not be corrected, but the application shall be recorded. The arbitrators, recorder, parties and other participants in the arbitration shall sign or affix their seals on the record.

    Party or other participant in the arbitration refused to record signed or stamped, the arbitral tribunal shall specify the volume.

    41st article submitted by the applicant before the expiration of time limit for adducing evidence can increase or alter his arbitration claim; arbitral tribunal the applicant increase after review or alter his arbitration claim that it should be admissible, it shall notify the applicant and give a reply, except as is expressly waived by applicant in reply.

    Proof of the applicant's proposal to increase or alter his arbitration claim after the expiration, should be made separately dealt with. 42nd after the party applying for arbitration, of their own accord.

    Reached a settlement agreement, may withdraw an application for arbitration, may request the arbitral tribunal according to the mediation settlement agreement.

    43rd arbitration of 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, sealed by the 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. 44th Arbitration Tribunal decide the case, should the Arbitration Committee's acceptance of the arbitration application within 45 days of the end.

    Complex cases need an extension, approved by the Chairman of the Arbitration Commission may be postponed and to notify the parties in writing, but may not exceed the 15th.

    45th under any of the following circumstances, the arbitration period calculated in accordance with the following provisions:

    (A) the applicant needs to supplement materials, the Arbitration Commission of receiving the application from the date on which the correction of material;

    (B) add, change of the arbitration application, accepting arbitration from the increase, change the date of the application for arbitration recalculation;

    (C) arbitration and anti-applications separate processing, arbitration time limit from the date of accepting an application for anti-recalculation;

    (D) jurisdiction of the case to the arbitration deadline from the date on which the transfer;

    (E) excluding arbitration during the suspension period;

    (F) the laws and regulations shall be calculated separately in other circumstances. Article 46th case appears based on unclear and asked relevant agencies, or cases have to wait for work-related injury certification, grade identification and forensic conclusions, and service by publication, as well as other circumstances that require stay of arbitration proceedings, approved by the Chairman of the Arbitration Committee, may suspend the case and notify the parties in writing.

    After eliminating the objective circumstances of the suspension, arbitral tribunal should be restored.

    47th party from the arbitral tribunal fails to make arbitration decisions and initiate litigation to the people's Court, the Arbitration Commission shall decide the case terminated trial; parties fail to initiate proceedings in respect of the matters in dispute to the people's Court, and the parties agreed to arbitration, the Arbitration Committee can continue to process and award. 48th arbitral case, if some of the facts are clear, the partial award, reach settlement agreement on the part of the parties, can be issued by the mediation.

    Party refuses to accept the award, can be handled in accordance with the relevant provisions of mediation and arbitration law.

    49th arbitral case, decisions involving both final and non-final, shall rule separately and shall inform the parties of the right.

    50th 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;

    (B) no advance execution would seriously affect the applicant's life.

    A laborer applies for advance execution may not be guaranteed. Article 51st 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. 52nd awards shall set forth the claims, the facts of the dispute, the reasons for, the verdict, the parties rights and decision date. Decisions shall be signed by the arbitrators and sealed by the Arbitration Commission.

    Different views on decisions of an arbitrator, signed or not signed.

    Text in the 53rd award, calculation errors or the arbitral tribunal has ruled but missing in the award, the arbitral tribunal shall be corrected and sent to the parties.

    54th for rights and obligations are clear, simple facts are clear cases or other dispute case agreed by the parties, the Arbitration Board may designate an arbitrator sitting alone, and available in the proceedings, investigations, arbitration, adjudication and other instruments served for easy handling.

    55th refuses to initiate litigation to the people's Court to the decision of the parties, in accordance with the relevant provisions of mediation and arbitration law.

    The fourth chapter by-laws

    56th article of the rules of arbitration of personnel disputes involving matters not specified, in accordance with relevant provisions of personnel disputes in implementation.

    57th provisions of this rule, "3rd", "5th" refers to working days. 58th article this rule come into force from the date of enactment. On October 18, 1993 issued by the Ministry of labour the labour disputes Arbitration Committee case rules on September 6, 1999 issued by the Ministry of personnel and the personnel disputes handling rules repealed simultaneously.