Personnel Disputes In Tianjin City Approach

Original Language Title: 天津市人事争议处理办法

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(December 15, 2003, Tianjin Municipal People's Government at the 12th Executive meeting on January 13, 2004, Tianjin Municipal People's Government released 16th since February 15, 2004) Chapter I General provisions article handling personnel disputes promptly and impartially, protect the legitimate rights and interests of personnel disputes the parties, in accordance with the relevant provisions of the laws, regulations and policies, considering the actual situation in the city, these measures are formulated.
    Article II the procedures apply to the following personnel disputes within the administrative area of the city: (a) between State administrative organs and their staff by hiring, transfers, performance of the employment contract disputes, (ii) between the institution and its staff due to resignation, dismissal, performance of the employment contract or employment contract dispute; (c) laws, regulations, rules and regulations should be dealt with in other disputes.
    Due to personnel, administrative sanctions and internal adjustment of personnel disputes, these procedures do not apply.
    Article handling personnel disputes, focusing on mediation, shall be followed in time, legal principles of Justice and fairness.
    Personnel disputes the Parties shall have equal status.
    More than 3 persons, a party and the matter in dispute is the same, shall nominate representatives to participate in mediation or arbitration.
    Article fourth personnel dispute, should be resolved through consultation by the parties through consultation, can contribute to the unit or by the competent departments for personnel disputes mediation Organization for mediation, you can directly apply to the arbitration of personnel disputes arbitration; arbitral appeal may initiate litigation to the people's Court on controversial matters.
    Chapter II conciliation article fifth employers and its superior departments may establish a personnel dispute mediation Committee (hereinafter referred to as the Mediation Committee), responsible for personnel disputes mediation unit and its subordinate units.
    Conciliation Committee is composed of representatives of trade unions, employee representatives, company legal representative or his designated representative and other staff.
    Head of the Mediation Committee held by Union officials, this unit is responsible for the daily work of the Conciliation Committee.
    Article sixth personnel dispute mediation committee mediation should be finished within 30th since the date of dispute mediation; mediation expired, the parties did not reach an agreement, that is, mediation.
    Article seventh after mediation, the parties reached an agreement, the Conciliation Committee shall make a conciliation agreement, the Parties shall conscientiously perform the mediation agreement.
    Chapter III arbitration article eighth municipal, district and County set up a personnel dispute arbitration Committee (hereinafter referred to as the Arbitration Committee), organized by the personnel department and the relevant departments at the same level representatives, Union representatives and experts at the same level.
    The amount of members of the Arbitration Committee should be an odd number.
    Nineth Arbitration Committee Office in the personnel administration department at the same level, in charge of personnel dispute cases, arbitration documents service, arbitration, case management and so on.
    Tenth Arbitration Committee to assume the following responsibilities: (a) the handling personnel disputes within the jurisdiction, (ii) formulate arbitration rules and related management systems; (c) the appointment and management of full-time and part-time arbitrators; (iv) study on handling major, difficult personnel disputes. 11th Arbitration Commission to deal with personnel disputes shall form the Tribunal.
    Arbitral tribunal composed of three arbitrators, the Arbitration Committee shall designate one of the presiding arbitrator.
    Simple personal dispute, the Arbitration Commission may appoint one arbitrator alone.
    Major, difficult personnel dispute, the arbitral tribunal can be submitted to the Arbitration Committee for discussion and decision.
    12th the Arbitration Commission may appoint officers of the relevant government departments, trade unionists, academics and lawyers to serve as full-time or part-time arbitrators. Part-time and full-time arbitrator in arbitration activities have equal rights according to law.
    Part-time arbitrator for arbitration activities according to law, the unit should be supported.
    13th of municipal Arbitration Committee is responsible for following a personnel dispute: (a) the municipal personnel dispute occurred in units, (ii) Central and provincial and municipal personnel dispute occurred in units stationed in Tianjin, (iii) personnel disputes across districts and counties.
    Except as provided in the preceding paragraph, the Arbitration Committee is responsible for processing personnel disputes within their respective administrative areas, and to accept arbitration, business guidance and supervision. 14th of municipal Arbitration Committee can delegate personnel disputes within its jurisdiction or County arbitration, district or County jurisdiction of the Arbitration Committee can be major, difficult personnel dispute arbitration Committee, drew attention to the city.
    Personnel dispute arbitration Committee found inadmissible does not fall within its jurisdiction, it shall transfer the jurisdiction of the Arbitration Committee.
    District or County jurisdiction of the Arbitration Committee for personnel disputes when objections occur, the municipal Arbitration Committee jurisdiction. 15th the Parties shall from the date of a personnel dispute within 60 days, submit a written application to the Arbitration Committee, and is applied according to the number of copies submitted. Arbitration Committee shall be from the date of receiving the application within 15th admissibility or inadmissibility decisions, and since the date of the decision to notify the parties within the 7th.
    Decision of admissibility, and should the Constitution of an arbitral tribunal; decision inadmissible, should explain the reasons. 16th section an applicant shall be from the date of receipt of the notification of the Arbitration Committee within the 15th filing and related supporting materials.
    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 fails to submit or not to submit an answer, do not affect the conduct of the arbitration proceedings. 17th the parties may entrust one or two agents to participate in arbitration activities.
    Commissioning agents, shall be submitted to the Arbitration Committee of delegates signed or sealed by the power of Attorney, letters rogatory should clarify matters entrusted and the permissions.
    The party as a person without civil capacity or a person with limited capacity for civil conduct, can be represented by their legal agent to participate in arbitration activities; no statutory agent, agent to participate in arbitration activities specified by the Arbitration Committee.
    18th the arbitral tribunal to deal with personnel disputes, to mediate.
    Voluntary conciliation of the parties, the arbitral tribunal shall mediate. Article 19th after mediation, the parties reached an agreement, the arbitral tribunal shall, in accordance with agreement of mediation.
    Mediation served on both parties from the date of legal effect.
    After mediation, the parties did not reach a written agreement or mediation to the parties before turning back, the arbitral tribunal shall make a timely decision. Article 20th personnel disputes should be held by the arbitral tribunal.
    The parties agree not to hold a hearing, the Arbitration Tribunal may proceed with arbitration.
    Article 21st hearing a personnel dispute, the arbitral tribunal should be formed in 5th trial arbitral personnel, clerks, court time and location issues, and notify the parties in writing.
    Applicants fail to appear without good reason or without permission of the Arbitration Tribunal courtroom, deemed withdrawal of an application for arbitration.
    Applicants without justification does not appear before or without the permission of the Arbitration Tribunal courtroom in the middle of, absence of arbitration. 22nd the Parties shall provide evidence for his claim.
    After cross-examination found evidence, can be used as a basis for arbitration. When the arbitral tribunal deems necessary, investigation and evidence collection, can also request additional evidence by the parties.
    Arbitral tribunal survey to obtain evidence, the relevant units and individuals shall cooperate.
    Involve State secrets, business secrets or personal privacy, arbitrators and other staff should be kept confidential. Article 23rd Tribunal personnel disputes, the principle of the minority subordinate to the majority.
    Different views, should faithfully record. When the arbitral tribunal cannot form majority shall rule in accordance with the opinion of the presiding arbitrator.
    Major, difficult personnel disputes can be submitted to the Arbitration Committee for discussion and decision. Article 24th handling personnel disputes the Arbitration Tribunal, shall, within 60 days from the date of composition of the arbitral process.
    Need an extension, approved by the Arbitration Committee, may be appropriately extended, but shall not exceed 30th.
    25th date of the arbitral tribunal shall make a ruling in the 5th, the written decision to the parties. 26th a party not satisfied with the decision, since the date of receiving the award in the 15th, and initiate litigation to the people's Court on controversial matters.
    Expired for prosecution, the award shall come into legal effect.
    27th of a legally effective conciliation statement or award, the Parties shall perform.
    Party fails to perform within the time stipulated by the parties, the other party may request the people's Court for compulsory execution.
    28th the Arbitration Committee found a legally effective mediation books, the award is definitely incorrect, shall be the Constitution of an arbitral tribunal arbitration again. Article 29th and the party applying for arbitration of personnel disputes interested entities or individuals can apply for a third party arbitration.
    Arbitration Committee deems it necessary, you can also directly participate in arbitration activities.
    30th under any of the following circumstances, the arbitrator and the person concerned shall voluntarily withdraw, the party the right to apply for his withdrawal: (a) is a party or close relatives, agent, (ii) and have a stake in a personnel dispute, (iii) have other relationships with parties or agents may affect the impartial handling of.
    The Arbitration Committee take a decision on the application for withdrawal shall, without delay and notify the parties.
    Fourth chapter legal responsibility 31st article party and the about personnel or units in personnel dispute processing activities in the has following behavior one of of, by its where units or competent sector give administrative sanctions; constitute crime of, law held criminal: (a) interference personnel dispute processing activities of; (ii) refused to provides related proved material of; (three) provides false evidence of; (four) on personnel dispute processing staff and the other about personnel for retaliates against of.
    Article 32nd in arbitration, the arbitrators and other staff favoritism, bribery, extortion, abuse of power, violation of legal rights of the parties, be dismissed by the Arbitration Committee are serious, administrative sanctions by the unit or authority constitutes a crime, criminal responsibility shall be investigated according to law. The fifth chapter by-laws article 33rd reference and management unit in accordance with national civil services personnel disputes, in accordance with the measures implemented.

    Article 34th Tianjin economic and technological development zone, Tianjin Port free trade zone, Tianjin new technology industrial park of personnel disputes, according to the implementation of these measures. 35th Parties applying for arbitration of personnel disputes, should pay arbitration fees in accordance with the regulations.
    Arbitration fee specific criteria and measures formulated by the city personnel department, in conjunction with the departments concerned.
    36th these measures shall come into force on February 15, 2004.