Jiangxi Province Labor Dispute Solution

Original Language Title: 江西省劳动争议处理办法

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(November 2, 2005, Jiangxi provincial people's Government, the 38th Executive meeting November 9, 2005, 144th promulgated by the people's Government of Jiangxi province as of January 1, 2006) Chapter I General provisions article to properly handle labor disputes, protect the legitimate rights and interests of employers and workers, maintain normal order of production and work, development of harmonious labour relations, in accordance with the People's Republic of China Labour Code, the People's Republic of China labor disputes settlement regulation
    And other relevant provisions of laws and regulations, combined with the facts of the province, these measures are formulated. Second article in this province administrative within, various enterprise, and private non-enterprises, and individual organization (following said employing units) and and of formed labor relationship (including facts labor relationship) of workers Zhijian occurred of following labor dispute of processing, applies this approach: (a) for employing units fired, and removal, and dismissed workers or workers resigned, and automatically left occurred of dispute; (ii) for implementation national about wage, and social security, and welfare, and career training, and work time, and rest vacation, and labor security health, and
    The provision of special protection for women workers and underage workers dispute; (c) disputes arising from the performance of labor contracts and collective contracts; (d) the worker retired, and not participate in the original employer for recovery of social insurance pensions and other social insurance, medical treatment, work injury treatment disputes and (v) other labor disputes should be dealt with according to law.
    Article employers and workers for the labor dispute parties.
    Employers party to the labor dispute, dealt with by its legal representative or principal responsible person to participate in activities. Number of workers in labor dispute in more than 3 and share the facts of the dispute, common claims, a common reason for the collective labour dispute.
    Workers Party of collective labor disputes, 1 to 3 should be elected representatives to participate in mediation or arbitration.
    Fourth article handling labor disputes shall follow the principles of legality, impartiality and timeliness and convenience, to safeguard legitimate rights and interests of the parties involved. Article fifth after a labor dispute arises, the parties may negotiate to solve; not consultation or negotiation, to place the labor dispute mediation Committee (hereinafter referred to as the Mediation Committee) for mediation; mediation fails, can contribute to the labor dispute Arbitration Commission (hereinafter referred to as the Arbitration Committee) for arbitration. Parties may also apply directly to the Arbitration Committee for arbitration.
    Refuses to accept the award, may initiate litigation to the people's Court according to law.
    Labor dispute in the process, the parties may not escalate.
    Chapter II conciliation sixth employer an employer can establish a Conciliation Committee, is responsible for the mediation of the labor disputes occurred in units and local (trade) unions and with guidance from the jurisdiction of the Arbitration Committee. Seventh Conciliation Commission by employee representatives, representatives of the employer, the employer representatives of trade unions, Director of the mediation committee composed of trade union representatives.
    Employers, the number of representatives shall not exceed the total number of members of the Conciliation Committee of the one-third.
    Workers ' representatives elected by the representatives of the employees or Trade Union Assembly; the employer representative designated by the legal representative or principal responsible person of the employer; employers Union representatives Trade Union Committee designated by the employer.
    Conciliation Committee's offices are located in employer-Union Committee, mediation activities borne by the employer.
    Eighth failed to set up employer unions, the establishment and composition of the Conciliation Committee is made of representatives decided in consultation with the employer representatives.
    Nineth Mediation Committee members participate in mediation activities, require production or work, the employer should be supported and treated as regular attendance.
    Tenth party for mediation, should be submitted orally or in writing, to the Conciliation Committee, and fill out the application for mediation of labor disputes. 11th after receiving a mediation request to the Conciliation Commission, shall solicit the views of the other party.
    Other party reluctant to mediation, Conciliation Committee shall notify the applicant in writing, in the 3rd.
    12th labor dispute mediation committee mediation, should fully hear the parties on the facts of the dispute and the statement of reasons, based on the facts, fair and legal mediation.
    13th labour disputes Mediation Committee mediation, shall from the date of the parties for mediation in the 30th over. A conciliation agreement, the Conciliation Commission shall draw up a mediation agreement, signed by both parties, stamped with the seal of the Mediation Committee. 3 copies of the mediation, the parties, the Conciliation Commission 1.
    Agreements reached through mediation, the Parties shall conscientiously fulfil. Due does not reach a mediation agreement or reach a mediation agreement after one or both of the parties defaulting, as mediation fails.
    In case of a dispute, the parties may, within the prescribed period to the Arbitration Committee for arbitration. 14th chapter III arbitration organization and jurisdiction of provinces, districts and cities and counties (cities, districts) established by the Arbitration Committee, the administrative departments of labor security corresponding level, comprising representatives of trade unions, the employers ' representatives.
    Number of members of the Arbitration Committee must be singular, up to 9 people.
    The Arbitration Commission chaired by the administrative departments of labor security.
    Labor and social security administration departments at all levels of the labor dispute settlement bodies established for the Arbitration Committee at offices responsible for handling daily affairs of the Arbitration Committee.
    The principle of the minority subordinate to the majority of the Arbitration Commission.
    15th the Arbitration Committee to deal with labor disputes and arbitrators, the arbitral institution.
    16th arbitrators divided into full-time and part-time arbitrators the arbitrator, the Arbitration Committee from the administrative departments of labor security and other relevant government departments workers, trade unionists, academics, experts, lawyers and members of the Arbitration Committee in the appointment.
    Part-time arbitrators and full-time in official business of the arbitration, the arbitrators have the same rights.
    Part-time arbitrator for arbitration activities, the unit should be supported. Arbitrator during the enforcement of arbitral awards in the corporate, give appropriate subsidies by the Arbitration Committee.
    Allowances allowance standards refer to court investigators. 17th labor dispute cases before the Arbitration Committee, shall constitute the arbitral, the implementation of a court case. Chief arbitrator of the arbitral tribunal consists of 1 and 2 arbitrators.
    The presiding arbitrator appointed by the Arbitration Committee, 2 other arbitrators selected by the parties 1 or their respective delegates designated by the Arbitration Committee.
    The facts are clear and simple labour dispute case on the merits, can specify 1 arbitrator of the Arbitration Commission. Major or complicated labor dispute cases, the arbitral tribunal considers it necessary, may be submitted to the Arbitration Committee for discussion and decision.
    The Arbitration Committee's decision, the Tribunal should be implemented.
    18th article arbitration Member has following case one of of, should avoided, party also right to to oral or written way application its avoided: (a) is labor dispute party or party, and agent of near relatives of; (ii) and labor dispute has interest relationship of; (three) and labor dispute party, and agent has other relationship, may effect just arbitration of; (four) privately meets party, and agent, or accept party, and agent treat gift of.
    Arbitrators are avoided, decided by the Chairman of the Arbitration Commission; Director, when acting as an arbitrator of the Arbitration Commission, a collective decision by the Arbitration Committee. 19th article province, and set district city, and County (city, and district) Arbitration Committee respectively jurisdiction this administrative within of following labor dispute: (a) province Arbitration Committee jurisdiction Central Standing province and provincial employing units occurred of labor dispute, and in province has major effect of labor dispute; (ii) set district city Arbitration Committee jurisdiction municipal employing units occurred of labor dispute, and in this city has major effect of labor dispute, and foreign labor dispute, and superior Arbitration Committee transfer of labor dispute; (three) County (city, and
    District) Arbitration Committee jurisdiction beyond the provisions of the preceding two other employers and labor disputes between workers, as well as the labor dispute Arbitration Commission handed over by superior.
    20th employer domicile and place of business is not in the same jurisdiction of the Arbitration Committee, labor disputes from the operating to the jurisdiction of the Arbitration Committee.
    Labour disputes arise between employers and workers are not in the same area of jurisdiction of the Arbitration Committee, by the worker the salary arbitration, where the relationship between the jurisdiction of the Commission.
    21st labor dispute Arbitration Commission found admissible cases do not fall under its jurisdiction, it shall transfer the jurisdiction of the Arbitration Committee.
    Event of a jurisdictional dispute between the Arbitration Committee, by the disputing parties settled through consultation and submit them to the common level specifies the jurisdiction of the Arbitration Commission.
    Fourth chapter 22nd arbitral proceedings the Parties shall from the date of the labor dispute within 60 days after written application for arbitration to the Arbitration Committee.
    Party due to force majeure or other legitimate reason to exceed the time limits provided for in the preceding paragraph apply for arbitration, the Arbitration Commission shall be accepted. 23rd the Arbitration Commission shall be from the date of receiving the application made within the 7th admissibility or inadmissibility decision.
    Decision inadmissible, shall take a decision within 7th day of a rejection notice served on the applicant, and to give reasons for inadmissibility; decision of admissibility shall decide within 7th day of serve receive the notice and the Panel of arbitrators, serve on the respondent a copy of the application and the Panel of arbitrators, and the formation of the arbitral tribunal.
    An Arbitration Commission shall be from the date of Constitution of the arbitral tribunal within the 3rd basic conditions in the composition of written notice to the parties. Article 24th was the applicant shall from the date of receipt of the copy of the application to the Court of arbitration in the 15th filing and related evidence.
    The respondent fails to submit or not to submit the statement of Defense, does not affect the court case. 25th the Parties shall provide evidence for his claim, except in the following cases: (a) employer labor relations, reduce labor, the calculation of employees ' working life decisions in a labor dispute, the employer should bear the burden of proof;

    (B) the business license of the employer, the internal rules and regulations, wages books, attendance records and other evidence provided by the employer, and (iii) the laws, regulations and rules provided by the employer the burden of other cases. 26th the parties may appoint 1 or 2 persons as agents to participate in arbitration activities.
    Delegate to participate in arbitration activities, shall be submitted to the Court of arbitration has the principal signed or sealed by the power of Attorney, power of attorney shall set forth the matters entrusted and the permissions. Workers without legal capacity or with limited capacity for civil conduct, by their legal agent to participate in arbitration activities have no legal representative, agent specified by the arbitral tribunal.
    Worker is dead, and his close relatives to participate in arbitration activities.
    27th and labor disputes have stake in the outcome of the third person notified by the arbitral tribunal to participate in arbitration activities, can I apply in written or oral form, approved by the arbitral tribunal to participate in arbitration activities.
    28th the Arbitration Tribunal trial of labor disputed cases shall review applications, presentation materials, identification of the facts of the dispute if necessary to investigate and collect evidence.
    An Arbitration Tribunal has the power to require a person to provide or supplement evidence material, the parties concerned shall cooperate.
    In the case of evidence may be destroyed or lost or difficult to obtain later on, by the party applying for, the arbitral tribunal may evidence registration, copy, copy, photos and video footage; arbitral tribunal can also take the initiative to take such measures.
    In evidence, the arbitrators, arbitrator shall produce to the person under investigation documents, relevant units and individuals shall cooperate, and may not refuse or obstruct. 29th the arbitral tribunal should mediate the labor dispute cases, voluntary agreements by the parties.
    The contents of the agreement shall not violate the laws, rules and regulations as well as relevant policies of the State. A conciliation agreement, the arbitral tribunal shall, in accordance with agreement of mediation.
    Mediation agreement signed by the arbitrators, sealed by the Arbitration Commission, and served on both parties to sign.
    Mediation no agreement or go back on one or both of the parties before the mediation service, the Arbitration Tribunal shall within the time stipulated in the decision. 30th the Arbitration Tribunal are generally not public hearing of labor dispute cases.
    Parties agreement to open, you can open, but except those involving trade secrets or personal privacy.
    31st of the Arbitration Tribunal shall sit in 4th, shall serve notice in writing of the time and place of the hearing the parties.
    The applicant by notice in writing, refuses to appear without good reason, or without the permission of the Arbitration Tribunal courtroom in the Middle can be deemed withdrawal of an application for arbitration.
    By the applicant by notice in writing, refuses to appear without good reason, or without the permission of the Arbitration Tribunal courtroom in the Middle, you can award.
    32nd article Arbitration Chamber on following labor dispute case, after preliminary trial Hou, can according to workers of application, ruling employing units first paid workers wage, and paid or medical: (a) employing units for no reason arrears, and deduction or stopped wage, and paid, led workers life does no basic guarantees of; (ii) workers for workers wounded, employing units not by provides paid needed of medical of; (three) workers sick, in provides of medical period within, employing units not by provides paid needed of medical of. Advance payment decisions enter into force from the date of delivery and begin implementation. The employer does not comply, the worker may apply to a people's Court for compulsory execution. Refuses to accept the decision of the advance payment by the parties, from the date of advance payment ruling delivered in the 15th to the Arbitration Committee for reconsideration.
    An Arbitration Commission shall be from the date of receiving the application for reconsideration decision within the 7th.
    33rd labor dispute cases before the Arbitration Tribunal shall, in General, in the Arbitration Committee decision within 60 days from the date of receiving the application. The arbitral award shall be made in accordance with the views of the majority of the arbitrators, a few different opinions of the arbitrators shall faithfully recorded.
    When the arbitral tribunal cannot form majority, the award shall be made in accordance with the opinion of the presiding arbitrator.
    34th under any of the following circumstances, labor dispute arbitration suspend: (a) to the higher authorities for instructions to wait for a reply; (b) the need to wait for work-related injury certification of professional expertise and (iii) owing to force majeure, the parties cannot participate in arbitration activities; (iv) other circumstances as are required by law to stop the arbitration.
    Stay of arbitration the Arbitration Tribunal, shall be reported to the Arbitration Committee.
    35th under any of the following circumstances, the labor dispute arbitration terminates: (a) the arbitration application of the worker is deceased, no near relatives or close relatives decided to give up the right, (ii) the applicant withdraws the application for arbitration, and (iii) other circumstances as are required by law to terminate the arbitration.
    Arbitral tribunal terminates the arbitration, and shall be reported to the Arbitration Committee.
    Article 36th refuses to accept the award, from the date of receipt of the arbitration award in the 15th initiate litigation to the people's Court. 37th parties legally effective mediation and the award shall be in accordance with the prescribed time limit to fulfil.
    One of the parties fails to perform, the other party may request the people's Court for compulsory execution. 38th Parties applying for arbitration shall pay arbitration fees in accordance with the relevant provisions of the State.
    Parties there is difficulty in payment of arbitration fees, may apply to the Arbitration Committee to postpone, reduce or exempt.
    The applicant does not pay an arbitration fee within the prescribed period, withdraw the application.
    Arbitration fee charging standards and the use of administrative measures in accordance with national and provincial finances, price regulations of the Administrative Department. Fifth chapter legal responsibility 39th article party and the about personnel in labor dispute processing process in the has following behavior one of of, Arbitration Committee can be criticism education, and ordered corrected; plot serious of, law be security management punishment; constitute crime of, law held criminal: (a) interference mediation and arbitration activities, and hinder arbitration staff implementation corporate of; (ii) provides false situation of; (three) refused to provides about file, and information and other proved material of; (four) on arbitration staff, and
    Participants, witnesses, assist in the implementation of arbitration who retaliates.
    40th article handling labor disputes in arbitration, the arbitration staff, favoritism, bribery, abuse of power and divulging secrets and personal privacy, according to law by his entity or his upper level organs be given administrative punishments, is an arbitrator, the Arbitration Commission shall be dismissed constitute a crime, criminal responsibility shall be investigated according to law.
    The sixth chapter supplementary articles article 41st State organs, institutions, social organizations and established the labor contract with the handling of labor disputes between workers, in accordance with the measures implemented. 42nd these measures come into force on January 1, 2006.
                                                                                                                            June 22, 1996 issued by the provincial people's Government of the enterprise labor dispute settlement measures, Jiangxi province, abolished at the same time.