Key Benefits:
(Adopted by Decree No. 108 of 1 January 2006 of the Government of the People of the State of War, No. 108 of 1 February 2006) Chapter III, chap. VI, chapter IV, chapter V merged into chapter III, “Arbitral proceedings”, with chapter IV, “Proceives and enforcement”, with chapter VII being adjusted to chapter VI. Article 9, article 18, article 35, article 35, article 36. Article 2, paragraph 2, was amended to apply to the following personnel disputes arising within the current city's administration: (i) disputes arising between the employed civil service and the organ in the performance of the contract; (ii) disputes between the staff of the enterprise unit and the unit in which they were performed; and (iii) laws, regulations stipulate other personnel disputes that could be arbitration. The controversy arising from the employment of a non-commercial unit of the Civil Service may be implemented in accordance with this approach. Paragraphs (i), (ii) and (iii) should be deleted in article III, as amended: the principle of legality, impartiality and timeliness should be governed by the law. V. Article 5 adds to paragraph 1, which reads as paragraph 2 as follows: the Arbitration Commission consists of representatives of the personnel administration authorities, representatives of the hiring units, representatives of the employing agents and legal experts. The Arbitration Commission has a Director, a Deputy Director and a number of members. Article 8, paragraph 1, was amended to read as follows: an arbitrator could be dedicated or part-time. Part-time arbitrators should be supported by arbitration activities. Article 9: Persons may be established by a personnel dispute mediation committee (hereinafter referred to as the Mediation Committee). The Mediation Commission accepts the guidance of the Commission on Personnel Dispute Arbitration at the same level. Article 10: After the occurrence of personnel disputes, the parties may apply for mediation to the Mediator of the user unit or may apply directly to the Personnel Dispute Arbitration Commission for arbitration. The mediator of the Mediation Commission should end from 30 days from the date of receipt of the parties' application for mediation, agree on the parties, produce a letter of mediation agreement, which expires without agreement, and the parties may apply for arbitration to the Personnel Dispute Arbitration Commission. Article 11, paragraph 1, was adjusted to add paragraphs 2 and 3 to reads as follows: the parties should submit an application for arbitration in writing to the Arbitration Committee within 60 days of the date of the personnel controversy and submit a copy of the application for arbitration to the applicant. The duration of application for arbitration does not include the time of conciliation by the Mediation Commission. The period of application has continued to be calculated as a result of force majeure or other reasonable reasons for delaying the period of statutory application. The admissibility of personnel disputes that have justified the application of statute of limitation is determined by the Arbitration Commission. Article 13, paragraph 2, amends article 11 as follows: the parties apply for arbitration and apply for arbitration to the Municipal Arbitration Commission for: (i) personnel disputes arising from the immediate public service units; (ii) personnel disputes arising from the administrative, cause units located in the city's territory; and (iii) personnel disputes that have a significant impact in the city. Other personnel disputes outside the former provide for arbitration applications to the district (market) where the unit is located. Article 21, Article 33, is adjusted to Article 21. Article 22, Article 33, is adjusted for Article 22. Articles 13 and 22 have been adapted to article 23 by adding paragraphs 23 and III to provide evidence to the parties in responding to their claims. There is no evidence or failure to provide evidence within the prescribed time period, or if the evidence is not sufficient to justify the parties' claims, the parties with the burden of proof bear the adverse consequences. Personnel disputes arising as a result of the resignation of the unit, the reduction of salary benefits, the calculation of the length of work, are borne by the unit. The parties cannot collect evidence on their own for objective reasons and may apply to the Arbitration Commission to investigate the evidence. The Arbitration Commission has the right to access the relevant units to the archives, information and proof materials relating to the case, and has the right to investigate witnesses and to refrain from denying the relevant units and individuals. Articles XIV, 23 and 24 were merged to read as follows: the parties agreed to agree on mediation, the parties, arbitrators signed in the mediation agreement or chapter, and as confirmed by the Arbitration Commission, had the legal effect. The parties requested the production of a letter of mediation, which should be sent to the parties. The parties reject the letter of mediation without prejudice to the effectiveness of the mediation agreement. The arbitral tribunal shall rule on time without agreement. Paragraph 2. Article XVI, an increase of thirty-third: a party's inconsistency with an arbitral award may initiate proceedings before the People's Court within 15 days of the date of receipt of the judgement; the judgement shall have legal effect. Article 17, Increase Article 34: The parties shall carry out mediation and rulings that have legal effect. The party refused to do so and the other party could apply for enforcement by the People's Court. In addition, the expression, language of some provisions were amended and the order of the provisions was adjusted accordingly. This decision has been implemented effective 1 February 2006. The Modalities for Personnel Dispute Arbitration in the City of Wellel are released in accordance with this decision. Annex: Personnel dispute arbitration in the city of Wellel (Amendment 2006) Chapter I General Article 1 establishes this approach in the light of the Law on Civil Servants of the People's Republic of China and the relevant laws, regulations, in order to deal with personnel disputes in a fair and timely manner. Article 2 (i) Disputes between the employed civil service and the organ in which the contract is performed; (ii) Disputes between the staff of the cause unit and the unit in which the contract was performed; (iii) Laws, regulations stipulate other personnel disputes that may be arbitration. The controversy arising from the employment of a non-commercial unit of the Civil Service may be implemented in accordance with this approach. Article 3 Personnel disputes arbitration should be guided by legitimate, impartial and timely principles. Chapter II Arbitration bodies Article IV. The Commission on Personnel Dispute Arbitration established by the Government of the District (hereinafter referred to as the Arbitration Commission) is the specialized agency for the independent arbitration of personnel disputes cases under the law and handles personnel disputes under the jurisdiction separately. Article 5. The Arbitration Commission consists of representatives of the personnel administration authorities, representatives of the hiring units, representatives of the employed persons and legal experts. The Arbitration Commission has a Director, a Deputy Director and a number of members. The composition of the Arbitration Commission should be a single. Article 6. The Office is established under the Arbitration Commission, which is based in the staff administration of the same level of government, and is responsible for the conduct of the arbitration committee's office, in particular for the day-to-day work on the admissibility of cases, arbitration records, instruments, archives management, collection and management of arbitration costs and other matters authorized by the Arbitration Commission. Article 7. The arbitral tribunal consists of three arbitrators. The Arbitration Commission appointed an arbitrator to serve as the chief arbitrator. A simple case of personnel disputes could be appointed by the Arbitration Commission as an arbitrator alone. Article 8 arbitrators may be dedicated or part-time. Part-time arbitrators should be supported by arbitration activities. Arbitral arbitrators are organized by the Municipal Arbitration Commission to organize training, examinations, and the qualification of the examination is granted by the Municipal Arbitration Commission to the qualification of the arbitrators, to hire the induction and to be dismissed by the arbitration committee to which it is not competent. Article 9 allows a personnel dispute mediation committee (hereinafter referred to as the Mediation Committee). The Mediation Commission is guided by the same Government Arbitration Commission. Chapter III Arbitration proceedings Article 10, after the occurrence of personnel disputes, the parties may apply for conciliation to the conciliation committee of the agent's units or may apply to arbitration directly to the Arbitration Commission. The mediator of the Mediation Commission should end from 30 days from the date of receipt of the parties' application for mediation, agree on the parties, produce a letter of mediation agreement, and have not reached an agreement, and the parties may apply for arbitration to the Arbitration Commission. Article 11. The parties shall submit, in writing, an application for arbitration to the Arbitration Commission within 60 days of the date of the personnel dispute and, by the applicant, a copy of the application for arbitration. The duration of application for arbitration does not include the time of conciliation by the Mediation Commission. The period of application has continued to be calculated as a result of force majeure or other reasonable reasons for delaying the period of statutory application. The admissibility of personnel disputes that have justified the application of statute of limitation is determined by the Arbitration Commission. Article 12 Applications for arbitration shall contain the following matters: (i) The name, sex, age, occupation, work unit and residence of the party or the name, address, legal representative or main head of the organization; (ii) The request for arbitration and the facts, reasons; (iii) Sources of evidence and evidence. The application for arbitration shall be signed by the applicant, who is a legal person or other organization, shall be added to the chapter of the unit and shall be signed by the statutory representative or the principal authority. In submitting an application for arbitration, the applicant shall make the evidence based on the facts of the request for arbitration as annex I and submit it. The following article 13 personnel disputes, the parties apply for arbitration and submit an application for arbitration to the Municipal Arbitration Commission: (i) Personnel disputes arising from the municipal branches of government, the direct agency and the unit of origin; (ii) Personnel disputes arising in the administrative, cause units located in the city of Benin; (iii) Personnel disputes with a significant impact on the entire city. Other personnel disputes outside the former provide for arbitration applications to the district (market) where the unit is located. Article 14. The Arbitration Commission shall, from the date of receipt of an application for arbitration, make a decision to be admissible or inadmissible within 15 days. The decision is to be admissible and a copy of the application for arbitration shall be sent to the applicant within 7 days of the date of the decision and the arbitral tribunal. The decision to be inadmissible shall be communicated in writing to the applicant and to the reasons for the inadmissibility. Article 15. The applicant shall submit a letter of reply and related evidentiary material within 10 days of receipt of a copy of the arbitration application. The applicant's late submission of the letter of reply does not affect the conduct of the arbitration proceedings. Article 16 allows the parties to entrust one to two agents to participate in arbitration activities. The commission shall be entrusted with the participation of another person in arbitration activities and shall submit to the Arbitration Commission the authorization entrusted by the author's signature or chapter. The letter of commission should clarify the matter and the terms of reference. The parties shall notify the Arbitration Commission in writing of the change in the authority of the agent or the removal of the commission. Article 17 has more than three parties, the fact and the reason for arbitration are common, and one to two are represented in arbitration activities. Arbitration should be held. The parties' agreement is not open or the arbitral tribunal considers it inappropriate for the court to be in writing. Decides that the arbitral tribunal shall notify the parties in writing, including the date, place, the composition of the arbitral tribunal, before five of the sessions. The licensor of the arbitration shall, by written notice, be considered to have withdrawn an application for arbitration without justification or without the licence of the arbitral tribunal. The applicant is informed in writing that there is no justification for the court or for the transfer of the court without the licence of the arbitral tribunal. Article 20 Proceedings of the arbitral tribunal in the case of personnel disputes shall be conducted in accordance with the following procedures: (i) The Registrar shall verify the identity of the parties, agents and the persons concerned and declare the arbitral tribunal Disciplinary; (ii) The opening of the trial by the Chief arbitrator or the sole-holder of the arbitrator, the announcement of the case by reading the list of arbitrators, writers, informing the parties of their rights and obligations, and asked whether the parties had applied for the avoidance; (iii) Hearing his presentation in accordance with the order of the applicant, the applicant and his or her agent, by the parties, and by presenting the relevant material of evidence; (iv) An investigation by an arbitrator of facts that require further knowledge; (v) The mutual debate between the parties; (vi) The Chief arbitrator or the sole-holder of an arbitrator to seek final views from the parties; (vii) Mediation by the court, based on the views of the parties; (viii) Mediation is not an agreement and should be decided in a timely manner; (ix) The announcement of an arbitral award. The arbitral tribunal may declare the extension decision in cases where it is difficult to rule or when there is a need to submit the disputed case before the Arbitration Committee. Article 21, in one of the following cases, the arbitrators and their agents are entitled to apply, either orally or in writing, for the avoidance of: (i) The party or the party, the agent's close relatives in the present case; (ii) Relationship with the present case; (iii) Other relations with the parties and agents of the present case may affect fair decisions. The avoidance of arbitrators in article 2 was decided by the Chief Arbitration Tribunal; the avoidance of the Chief arbitrator and the sole arbitrator was decided by the Director of the Arbitration Commission. Article 23 provides evidence in response to their claims. There is no evidence or failure to provide evidence within the prescribed time period, or if the evidence is not sufficient to justify the parties' claims, the parties with the burden of proof bear the adverse consequences. Personnel disputes arising as a result of the resignation of the unit, the reduction of salary benefits, the calculation of the length of work, are borne by the unit. The parties cannot collect evidence on their own for objective reasons and may apply to the Arbitration Commission to investigate the evidence. The Arbitration Commission has the right to access the relevant units to the archives, information and proof materials relating to the case, and has the right to investigate witnesses and to refrain from denying the relevant units and individuals. Article 24 deals with personnel disputes by the arbitral tribunal shall be subject to mediation on the basis of the identification of facts and the separation of responsibilities, which enables parties to reach agreement on a voluntary basis. The content of the agreement shall not be in violation of the mandatory provisions of the law, regulations. Article 25. The parties agree to an agreement on mediation, and the parties, arbitrators, signed in the mediation agreement or chapter, and confirmed by the Arbitration Commission, have legal effect. The parties requested the production of a letter of mediation, which should be sent to the parties. The parties reject the letter of mediation without prejudice to the effectiveness of the mediation agreement. The arbitral tribunal shall rule on time without agreement. Article 26 Decisions should be made in accordance with the principle of a limited number of obeys. The different opinions of a few arbitrators may be recorded in a note. The arbitral tribunal shall make the decision in accordance with the advice of the Chief arbitrator. Article 27 may be submitted to the Arbitration Commission for the consideration of the decision by the arbitral tribunal in cases of major or suspected personnel disputes. The decision of the Arbitration Commission must be implemented by the arbitral tribunal. Article 28 Arbitration of personnel disputes by the arbitral tribunal shall be closed within 60 days of the date of the composition of the arbitral tribunal. The complexity of the merits requires the extension, which, with the approval of the Arbitration Commission, may be extended appropriately, for a maximum period not exceeding 30 days. The arbitral tribunal shall produce the award in a timely manner after the decision is made. The decision shall contain the following: (i) The basic situation of the parties; (ii) Request for arbitration; (iii) The controversy; (iv) The grounds for the decision and the basis for its application; (v) The result of the decision; (vi) The burden of arbitration and the date of the award. The decision was signed by the members of the arbitral tribunal and added to the seal of the Arbitration Commission. Article 33 conciliations and rulings of the Arbitration Commission shall be delivered to the parties within 10 days of conciliation and decision. Those who have been sent shall sign or resignate at the date of receipt. Article 31, who has been denied the acceptance of the decision, shall be considered to have been sent to the witness at the time of the arrival and the date of the rejection, by the signing of the letter and the witness's signature or by the name of the communication. In article 32, the arbitration body and its staff should be confidential in relation to the State, unit secret and personal privacy involved in the investigation of personnel disputes cases. Chapter IV Proceedings and implementation Article 33 does not apply to arbitral awards by the parties, which may be brought before the People's Court within 15 days of the date of receipt of the decision; the judgement is not prosecuted and the decision is legal. Article 34 mediation and rulings of the parties that have legal effect should be carried out. The party refused to do so and the other party could apply for enforcement by the People's Court. Chapter V Legal responsibility Article XV has one of the following acts in the arbitration process, which may be criticized by the Arbitration Commission for the reform of the educational, responsible and correcting; in serious circumstances, punishable by law by public security authorities; and constituted a crime by the judiciary to hold its criminal responsibility under the law: (i) Contrary to arbitration activities and impede the enforcement of the functions of the arbitration staff. (ii) To refuse to provide relevant documentation, information and other material. (iii) Provision of false circumstances. (iv) Counter reprisals against arbitration staff, arbitration participants and witnesses. Article XVI provides administrative treatment by an arbitral officer in an arbitration activity in favour of private fraud, bribery, extortion, abuse of authority, violations of the legitimate rights and interests of the parties, by the unit of the institution or by the superior authority; and constitutes an offence punishable by the judiciary. Annex VI The parties applying for a personnel dispute arbitration shall, in accordance with the relevant provisions, pay the costs of the arbitration. The arbitration cost criterion is approved by the price sector. Article 338 is implemented effective 1 October 1999. |
