In Qinghai Province, A Personnel Dispute Arbitration Method

Original Language Title: 青海省人事争议仲裁办法

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(December 30, 2005 45th Executive meeting of Qinghai province on January 13, 2006, 53rd release of Qinghai province as of March 1, 2006) Chapter I General provisions article to standardize the arbitration of personnel disputes (hereinafter referred to as the arbitration) activities and protect the legitimate rights and interests of the parties, in accordance with relevant laws and regulations, combined with the facts of the province, these measures are formulated. Second article following personnel dispute of arbitration, applies this approach: (a) this province administrative within State with appointment civil servants for perform appointment contract occurred of personnel dispute; (ii) institutions, and social groups and private non-enterprises with staff for hired, and mobilization, and wage, and resigned, and dismissed, and perform hired (any) contract occurred of personnel dispute, and not signed written hired contract, but both has formed facts hired relationship occurred of personnel dispute; (three) in accordance with legal, and regulations provides,
    There should be other personnel dispute arbitration.
    State organs, institutions and social groups, labor disputes and labor personnel, in accordance with the relevant provisions of the labor dispute arbitration process.
    The arbitration should follow the principle of lawful, fair, timely and reasonable.
    Fourth arbitration shall be carried out independently, without interference by other organizations and individuals.
    Chapter II arbitration bodies article fifth province, State (or municipal) and County (city, district) to set up a personnel dispute arbitration Committee (hereinafter referred to as the Arbitration Committee).
    The establishment of an arbitration board must be clear about its name, have the appropriate staff and office space.
    Sixth the Arbitration Board by the Department of personnel administration in the following select: (a) personnel and other representatives of the executive authorities, (ii) representatives of trade unions at the same level, (iii) representatives of institutions, social organizations, private non-enterprise units and (d) staff representatives; (e) the relevant experts.
    The seventh Director of the Arbitration Committee is based 1 name, 2 to 4 persons and a number of Commission members, the Deputy Director; Director of the Arbitration Committee chaired by the head of the Department of personnel administration. Arbitration Committee composition the number should be in the singular.
    The Arbitration Commission shall, in accordance with the principle of majority decision.
    Eighth the Arbitration Committee shall perform the following duties: (a) receiving and arbitration of personnel disputes within the jurisdiction; (b) to guide and supervise the Arbitration Committee offices and the work of the arbitral tribunal; (c) deal with major or difficult cases and (iv) the appointment and management of full-time and part-time arbitrators.
    Province Organization Committee the Uniform Arbitration Committee the arbitration rules, rules for handling, rules and code of conduct for arbitrators of the arbitral rules and regulations.
    Nineth arbitration board establish an Office in the personnel administrative departments of the Government at the same level, take on accepting the case, arbitration documents delivery, records management, costs management and so on. Tenth Arbitration Committee may appoint State personnel, experts, scholars and jurists to serve as full-time and part-time arbitrators.
    Full-time and part-time arbitrators in arbitration activities enjoy the same rights and obligations.
    Part-time arbitrators support unit shall be engaged in arbitration work.
    Third chapter personnel dispute case jurisdiction 11th article province Arbitration Board jurisdiction following case: (a) provincial the sector and belongs institutions, and provincial institutions and social groups with staff Zhijian occurred of personnel dispute case; (ii) by provincial personnel administrative competent sector directly under the of talent Exchange institutions implemented personnel agent of personnel and employing units occurred of personnel dispute case; (three) in province home administrative competent sector registration of private non-enterprises and hired (appointment) personnel occurred of personnel dispute case;
    (D) the central in the Green between the institution and its staff of personnel dispute cases; (v) across the State (or municipal) administrative personnel dispute cases; (vi) have a significant impact in the province the personal disputes or problematic personnel dispute cases. 12th article State (to, and city) Arbitration Board jurisdiction following case: (a) State (to, and city) the sector and belongs institutions, and State (to, and city) is institutions and social groups with staff Zhijian occurred of personnel dispute case; (ii) by State (to, and city) personnel administrative competent sector directly under the of talent Exchange institutions implemented personnel agent of personnel and employing units occurred of personnel dispute case; (three) in State (to, and
    City) civil registration of private non-enterprise units and employed by the Administrative Department (appointments) staff personnel dispute cases; (d) the County (municipal and district) administrative personnel dispute cases.
    13th the County (city, district) the Arbitration Commission is responsible for receiving and arbitration within their respective administrative areas by province, State (or municipal) personnel dispute cases outside the jurisdiction of the Arbitration Committee.
    States (and cities) and counties (cities, districts) the jurisdiction of the Arbitration Committee can be major or difficult cases of personnel disputes Arbitration Committee drew attention to the previous level.
    14th the Arbitration Committee found admissible, the case does not fall under its jurisdiction, it should be transferred to the jurisdiction of the Arbitration Board in a timely manner.
    When jurisdictional disputes occur, by the disputing parties settled consensus cannot be reached through consultation, Arbitration Committee jurisdiction on their common level. Two or more Arbitration Committee has jurisdiction over the arbitration case, the parties can choose to apply to one of the Arbitration Commission for arbitration.
    Parties to both the Arbitration Committee has jurisdiction over the arbitration application, first receives an application for arbitration of the Arbitration Committee's jurisdiction.
    Personnel disputes arbitration 15th fourth chapter, the parties may resolve on their own.
    16th the party applying for arbitration shall personnel disputes within 60 days from the date of occurrence, in writing, to the jurisdiction of the Arbitration Committee, is the number of applicants submitting applications and copies.
    Parties due to force majeure or other justified reason, the time limit, an application can be submitted after the obstacle is removed in the 10th, confirmed by the Arbitration Committee, be admissible. 17th the arbitration application shall set out the following: (a) the applicant and the applicant's name, sex, age, profession, position, title, place of work and residence, Tel.
    Units of the applicant or the respondent, should indicate the name, address, legal representative or mainly responsible for the name, job title, contact telephone number, (ii) the arbitration claim and the facts and reasons, and (c) the evidence and sources of evidence, witness's name, residence and contact phone number.
    18th the Arbitration Committee shall within 10 working days from the date of receiving the application to accept or not to accept the decision.
    Decision of admissibility, shall, within 7 working days before the decision, serve a copy of the application on the respondent; decision inadmissible, shall, within 7 working days will be informed of the decision not to accept the applicant and state the reason in writing. 19th applicant shall from the date of receipt of the copy of the application in the 10th, filing and relevant evidence to the Arbitration Committee.
    Arbitration Board shall from the date of receipt of the answer in the 5th, the statement of Defense, serve a copy of the applicant.
    The respondent was not submitted on time or refuses to submit his books, without prejudice to the arbitral proceedings.
    The 20th article of the first arbitration case the arbitral tribunal of the court system.
    Arbitration Committee decided to accept the arbitration case shall within 7 working days in the case of acceptance the Constitution of an arbitral tribunal.
    The Arbitration Tribunal shall consist of three arbitrators, the parties may in the list of arbitrators of the Arbitration Committee provided, their chosen arbitrator, parties fail to choose or not to choose, specified by the Arbitration Commission offices; presiding arbitrator from the Arbitration Committee specified in a full-time arbitrator.
    Article 21st of the following circumstances, the arbitrator shall voluntarily apply for withdrawal, and their representatives may apply to the arbitrator by the parties: (a) is the case of close relatives of the client or any person, agent, (ii) has an interest in the case of (iii) and a party to the case, the agents have other relationships, which may affect the impartiality of the award.
    The parties and their agents applying for arbitrator shall be made before the trial, and state the reasons. 22nd arbitrator, decided by the Chairman of the Arbitration Board.
    Acting as an arbitrator, the Chairman of the Arbitration Board, the Deputy Director, and his withdrawal decided by the Arbitration Committee.
    The Arbitration Committee take a decision on the application for withdrawal shall, within 3 working days and notify the parties.
    Result of withdrawal or other reason, the arbitrator is unable to perform his duties, shall be in accordance with these measures the 20th article, again selected or appointed arbitrator.
    23rd party for more than two people, and the same arbitration claim and the facts and reasons, you can recommend to participate in the arbitration.
    Party may appoint one or two representatives to participate in arbitration activities; Principal Deputy, shall submit to the Arbitration Committee by power of Attorney of the client signature or seal; letters rogatory should clarify matters entrusted and the permissions.
    24th before the Arbitration Tribunal arbitral of mediation.
    A conciliation agreement, the arbitral tribunal shall, in accordance with agreement of mediation; mediation shall contain the results of the arbitration request and agreement of the parties, signed by the members of the arbitral tribunal and the Arbitration Board seal, is effective after the parties sign; mediation and the award has the same legal effect.
    Mediation failed to reach agreement, the arbitral tribunal shall make the arbitration award.
    25th arbitration shall hold oral hearings; the parties agree not to hold a hearing or involve State secrets, business secrets, personal privacy, as well as the arbitral tribunal considers it inappropriate to court can be written.
    26th the Arbitration Tribunal decided the arbitration hearing, due in a court session within the 5th time, place, members of the Arbitration Tribunal and other matters in writing notify the parties.
    Applicant upon written notice fail to appear without good reason, or without the permission of the Arbitration Tribunal of call close, deemed withdrawal of an application for arbitration; respondent upon written notice fail to appear without good reason, or without the permission of the Arbitration Tribunal of call close, absence of arbitration.
    27th the parties should provide evidence to their claims. The evidence provided by the parties, the arbitral tribunal shall produce at the trial and be cross-examined by the parties.
    Involve State secrets, business secrets and personal privacy should not be present.
    28th trial arbitral tribunal shall make a written record of the case. Record shall be signed by the parties and other participants in the arbitration to check.
    Parties and other participants in the arbitration that the records of their own statements there are omissions or errors, by the Arbitration Tribunal checks are true, it may be supplemented.
    The 29th in the course of an arbitration tribunal in arbitration cases, check out right to the relevant units, copying files, information and other materials relating to the case; the right to people familiar with the investigation, the relevant units and individuals shall provide assistance.
    Arbitration Commission and its staff, arbitrators shall keep confidential arbitration involving State secrets, business secrets and personal privacy.
    30th an arbitral award shall, in accordance with the views of the majority of the arbitrators to make different observations should be recorded.
    When the arbitral tribunal cannot form majority opinion, as presiding arbitrator in arbitration decisions.
    31st major or difficult cases cannot be made by the arbitral award should be submitted to the Arbitration Committee for discussion and decision in a timely manner. The 32nd an arbitration case should be closed within 60 days from the date of acceptance.
    Complexity really necessary an extension should be reported to the approval of the Chairman of the Arbitration Board, but extend the deadline shall not be later than 30th. 33rd Tribunal arbitral award shall be made.
    The award shall be served within 5 working days.
    The award shall set forth the claims, the facts of the dispute, a ruling rationale, decision, the burden of costs of arbitration and award dates and other information, signed by the presiding arbitrator, the arbitrators and clerks, and affix the seal of the Arbitration Committee.
    34th article Arbitration Board found arbitration ruling has following case one of of, should revoked original ruling: (a) Arbitration Chamber of composition or arbitration program violation this approach provides; (ii) arbitration ruling by according to of evidence not with objectivity and effectiveness; (three) party hidden enough to effect arbitration process and just ruling of evidence; (four) arbitration member in arbitration activities in the has accept or asking for party property behavior of.
    Party has evidence that the arbitration award of the circumstances prescribed in the preceding paragraph, may appeal to the Arbitration Committee to withdraw the original decision's application for Arbitration Board shall review the application, the case should set aside the award.
    After the 35th rescind its ruling, decided to reopen the decision of the Arbitration Committee, shall, in accordance with the provisions article 20th, reconstituted Arbitral Tribunal ruling. 36th party refuses to accept the award, since the date of receiving the award in the 15th, and initiate litigation to the people's Court.
    Party in a suit within the statutory time limit does not comply, the other party may apply to a people's Court for enforcement. Fifth chapter legal responsibility 37th article party and the about personnel has following behavior one of of, Arbitration Board should be criticism education, and ordered corrected; violation security management punishment legal provides of, transfer police organ be punishment; constitute crime of, transfer judicial organ law investigation: (a) interference arbitration activities, and hinder arbitration staff perform positions of; (ii) hidden, and destroyed or refused to provides about evidence material of; (three) forged or provides false evidence material of; (four) insult, and
    Defamation or retaliates against an arbitration of the staff, participants in the arbitration.
    38th arbitrator in the arbitration activities of favoritism and bribes, extortion, abuse of power, secretly met with the parties, agents, accepting dinner, accepts Awards, arbitration by the Arbitration Committee canceled its membership in serious, by its competent authorities or organs be given administrative sanctions constitutes a crime, transferred to the judicial authorities to investigate and punish.
    The sixth chapter supplementary articles article 39th applying for arbitration shall pay arbitration fees.
    Standard and specific measures for the administration of the arbitration fees, by price administrative departments of the province, in conjunction with personnel, financial administration authorities.
                                                                                  40th these measures shall come into force on March 1, 2006.