Key Benefits:
(Adopted by the 51st ordinary meeting of the People's Government of Southern West Province on 13 November 2006 No. 153 of the People's Government Order No. 153 of 16 November 2006 and issued effective 1 January 2007) Chapter I General Article 1 guarantees the legitimate rights and interests of the human person unit and the staff, maintains a normal working order, preserves social harmony and establishes this approach in line with the Civil Service Act of the People's Republic of China and the relevant provisions of the State. Article II applies to personnel disputes arising from the resignation, resignation and implementation of the employment contract between the cause units within the province's administration and their staff, the personnel disputes arising between the organs and their employed civil servants in the performance of their employment contracts and the treatment of other personnel disputes under the laws, regulations and regulations. This approach is not applicable in the light of the controversy between the career unit administered by the Civil Service Act of the People's Republic of China and its staff, as well as the controversy between the cause unit and the workers associated with the establishment of a labour contract. Article 3 dealing with personnel disputes should be guided by legitimate, impartial and timely principles. Article IV, after the occurrence of personnel disputes, the parties may consult to resolve; reluctance to consult or to consult, may apply to the Personnel Dispute Arbitration Commission (hereinafter referred to as the Arbitration Commission) for arbitration; an inconsistency with the arbitral tribunal of the Arbitration Commission could be brought to the People's Court. In the course of the personnel dispute resolution process, the user unit should suspend the implementation of the decision and the parties should not be in a position to galvanize the conflict. Chapter II Article 5 Arbitration committees established in provinces, municipalities, districts (communes, districts) are composed of representatives of civil service authorities, representatives of the user unit, representatives of the user unit and legal experts. Article 6. The number of members of the Arbitration Committee shall be a single number of officers, who are the principal heads of the personnel administration; the Deputy Director, the members, who are elected by the personnel administration. The arbitration committee applied a few of the principles of deference to the majority when it had decided on the case of personnel disputes. Article 7. The role of the Arbitration Commission is: (i) Arbitration of personnel disputes within the jurisdiction; (ii) Determining the appointment and dismissal of arbitrators; (iii) To study cases of major and suspected personnel disputes; (iv) Other responsibilities assumed by the Arbitration Commission are provided for in laws, regulations, regulations and regulations. Personnel dispute arbitration rules, codes of arbitrators are developed by the Provincial Arbitration Commission. Article 8. The office of the Arbitration Commission is established as an institution responsible for receiving the arbitration application, the dispatch of arbitration instruments, the management of archives, the collection and management of arbitration costs and other work of the Arbitration Commission. The Office of the Arbitration Commission is located in the Government's personnel administration. Article 9. The Arbitration Commission may hire government counterparts to familiarize themselves with personnel laws, regulations, regulations and policies, expert scholars and lawyers to serve as a full-time or part-time arbitrator. In carrying out the arbitration service, an arbitrator of a part-time is entitled to the same rights as a full-time arbitrator. Part-time arbitrators should be supported by arbitration activities. Article 10 arbitrators shall treat, on a fair and equal basis, the parties to the personnel dispute, in strict accordance with the law, and shall not be able to meet their parties and their agents, nor shall they accept the dinner, gift or other interests provided by the parties and their agents. In carrying out the arbitration service, the arbitrators have made it necessary to meet either party or its agent, to conduct the place arranged by the Office of the Arbitration Committee and to present the record of the meetings. Article 11. The Arbitration Commission shall deal with personnel disputes and shall consist of an arbitral tribunal and a court in the case. The arbitral tribunal consists of one Chief arbitrator and two arbitrators. The Chief arbitrators are appointed by the Arbitration Commission and two other arbitrators are selected by each party or by their respective commissioners. The facts are clear and simple cases of personnel disputes, and the Arbitration Commission may designate one arbitrator to try. Article 12 In one of the following cases, the arbitrators shall apply for themselves to avoid, and the parties shall be entitled to apply, either orally or in writing: (i) Near relatives of personnel disputed parties or parties, agents; (ii) Relationship with personnel disputes to be of interest; (iii) Other relations with personnel disputes parties and agents may affect fair arbitration. The preceding paragraph shall apply to the author, the licensor, the survey and the translator. The Arbitration Committee shall decide on a timely basis and inform the parties. Article 13 (i) Personnel disputed cases between the Central Office of the Proclamation, the provincial unit and its staff; (ii) Personnel disputes between the provincial authorities and their employed civil servants; (iii) Personnel disputes that have significant implications throughout the province. Article 14. (i) Personnel disputes arising between the municipal cause unit and its staff; (ii) Personnel disputes between the direct authorities of the city and their employed civil servants; (iii) Personnel disputes that have a significant impact on the entire city. Article 15 (i) Personnel disputes between the territorial units of the district (market, area) and their staff; (ii) Personnel disputes arising between the direct authorities of the district (market, area) and their employed civil servants. Article 16, Personnel disputes under the jurisdiction of the Provincial and Municipal Arbitration Commission, may be entrusted to arbitration by the lower-level Arbitration Commission. Significant personnel disputes under the jurisdiction of the District Council of Arbitration (markets, zones) may be requested for arbitration by the Superior Arbitration Commission. Article 17 of the Arbitration Commission found that personnel disputes were not under its jurisdiction and were inadmissible and informed that the applicant had submitted an application to the competent arbitration committee; and that the competent arbitration board should be transferred in a timely manner. The arbitration committee was resolved in consultation with the parties to the dispute because of the disputed jurisdiction; the consultations were incomplete, and the common superior arbitration committee was requested to designate jurisdiction. Chapter III Article 18 The parties shall, within 60 days of the date of the personnel dispute, submit an application for arbitration to the competent arbitration committee and submit a copy of the application in accordance with the applicant's number. The Arbitration Commission shall be admissible by the parties to apply for arbitration for a period of time that is force majeure or otherwise justified beyond the provisions of the preceding paragraph. Article 19 (i) The name, sex, age, occupation, work unit and residence of the party; the party is a unit of the person, identifying the name, residence and the name of the legal representative or the principal head; (ii) The request for arbitration and the facts, reasons on which it is based; (iii) The source of evidence and evidence, the name and residence of the witness. Article 20, after having received an arbitration application, the Arbitration Commission shall take a decision on admissibility within 7 days. The decision shall be inadmissible and shall be communicated to the applicant within 5 days of the date of the decision and the reasons for it; the decision shall be taken to the applicant, within 5 days of the date of the decision, to be sent to the applicant a copy of the application for arbitration and the roster of arbitrators and to the arbitral tribunal. The Arbitration Commission shall notify the parties in writing of the composition of the arbitral tribunal within three days of the date of its composition. Article 21 shall be submitted by the applicant within 15 days of receipt of a copy of the arbitration application. The Arbitration Commission shall send a copy of the letter of reply to the applicant within 5 days of the date of receipt of the reply; the applicant has not been submitted on time or has not submitted the letter of reply without prejudice to the conduct of the arbitration proceedings. Article 2 allows the parties to entrust one to two agents to participate in arbitration activities. It should be submitted to the arbitral tribunal a letter of authorization with the author's signature or chapter, which should contain matters and competence. The parties are not in a civil position or have limited civilian capacity to participate in arbitral proceedings by their statutory agents; they cannot be construed by the arbitral tribunal. The parties were killed by their close relatives in arbitration activities. Article 23, which is more than five parties and has joint arbitration requests or grounds, should be recommended to participate in arbitration activities. The number of representatives was determined by the arbitral tribunal after seeking the views of the parties. Article 24 deals with personnel disputes by the arbitral tribunal and should be pre-empted to engage the parties in a voluntary mediation agreement. The content of the agreement shall not be in violation of laws, regulations, regulations and related policies. The arbitral tribunal shall produce a letter of mediation in accordance with the content of the agreement. The letter of mediation should indicate the outcome of the arbitration request and the parties' agreement. The letter of mediation was signed by the members of the arbitral tribunal, the author of the letter and was sent to both parties by the arbitration committee. The letter of mediation is validated by the parties. The parties do not agree with mediation, that the mediation does not reach an agreement or that the parties before the signing of the letter of conciliation are remorse, and that the arbitral tribunal shall conduct arbitration in a timely manner. Article 25 Arbitration should be held. The parties agree that the arbitral tribunal may conduct written arbitration based on the application of arbitration, the letter of reply and other written materials, based on a comprehensive and accurate knowledge of the facts of the case. The arbitral tribunal shall notify the parties in writing, such as the time, place, within 5 days of the opening of the session. The applicant has no reason to have access to the court or to the court without the licence of the arbitral tribunal as a withdrawal of the application for arbitration. The applicant may, in absentia, arbitration without justification or without the licence of the arbitral tribunal. Article 26 parties should bear the burden of proof on their claims. However, the burden of proof is borne by the user's unit due to the resignation of the user unit or the unilateral dismissal, modification of the employment contract, or the personnel disputes arising from the calculation of the length of work, the approved wage level. Article 27 dealing with personnel disputes by the arbitral tribunal shall be subject to careful examination of case material, review of evidence, analyse the merits and identify the facts of the dispute. The arbitral tribunal is of the opinion that, where necessary, the case may be understood by accessing the relevant units to the archives, information and the material of the case. The units and individuals concerned should cooperate without denying and impeding them. The evidence should be presented at the time of the trial and be presented by the parties on the basis of the decision by the arbitral tribunal after evidence is valid. Evidence concerning State secret, commercial secret and personal privacy should be confidential. Article 28 is entitled to debate in the arbitration process. At the end of the debate, the Chief arbitrator or the sole-holder arbitrator should seek the final views of the parties. Article 29 deals with personnel disputes by the arbitral tribunal and shall be closed within 60 days of the date of the composition of the arbitral tribunal. The complexity of the case requires the extension, which, with the approval of the Arbitration Commission, may be extended appropriately, should not exceed 30 days. Decisions on personnel disputes should be made in accordance with the views of the majority of arbitrators, and the differing views of a few arbitrators should be recorded in a note. The arbitral tribunal shall make the decision in accordance with the advice of the Chief arbitrator. The arbitral tribunal was a sole-holder disputed case with one arbitrator, which was made directly by the arbitrator. The arbitral tribunal considers it necessary to submit the arbitral tribunal to discuss the decision. The decision of the Arbitration Commission shall be carried out by the arbitral tribunal. The arbitral award shall be produced after the arbitral tribunal decides. The ruling shall contain a notice of the arbitration request, the facts of the dispute, the reasons for the decision, the outcome of the decision, the burden of the arbitration, the period of prosecution and the date of the judgement. The decision is signed by the members of the arbitral tribunal, the author and the seal of the arbitration committee. When the Court declares the decision, it shall be sent within five days to the judgement; the decision shall be announced on a regular basis and the decision shall be delivered immediately. In one of the following cases, the personnel dispute arbitration was suspended: (i) To request information from the relevant departments at the superior level for the responses; (ii) There is a need to wait for relevant professional identification findings; (iii) The parties cannot participate in arbitration activities by force majeure; (iv) Other cases of arbitration should be suspended. Removal of arbitration after the cessation of arbitration is eliminated. Article 3 is one of the following cases: (i) To apply for the death of a person without close relatives or close relatives to decide to renounce the right; (ii) The applicant withdrew the application for arbitration; (iii) Other cases of arbitration should be terminated. The arbitral tribunal shall terminate the arbitration and shall be submitted to the Arbitration Commission for its approval. Article 33 is inconsistency with the decision of the Arbitration Commission and can be brought before the People's Court within 15 days of the date of receipt of the arbitral award. After the entry into force of the arbitral award, the parties shall perform within the specified period. The parties of one party were overdue and the parties could apply for enforcement by the People's Court. Chapter IV Legal responsibility In the course of the handling of personnel disputes, the parties and the persons concerned have one of the following acts, criticized by the Arbitration Committee for the reform of education, accountability and corrections, in violation of the administration of security, punishable by law by the public security authorities; and criminal liability by law: (i) Contrary and impede the performance of the functions of the arbitration staff; (ii) To reject the provision of documentation, information and other material; (iii) Provision of false information; (iv) Counter reprisals against arbitration staff, arbitration participants, witnesses and assist the enforcement; (v) Other interference and obstruction of arbitration activities. In the course of the handling of personnel disputes, an arbitration officer has one of the following acts, which is criticized by the Arbitration Commission; in serious circumstances is disposed of by law by its own units or superior organs; and constitutes an offence punishable by law: (i) Privately meet with the parties and their agents; (ii) To accept the dinner, gift or other interests of the parties and their agents; (iii) It should be avoided and not avoided; (iv) Secrete, commercial secret and personal privacy of the State involved in cases of disclosing personnel disputes; (v) Other violations of the legitimate rights and interests of the parties. The Arbitration Commission should be dismissed by an arbitrator who had previously provided for one of the acts. Chapter V Article 36 of this approach was implemented effective 1 January 2007. |
