Key Benefits:
(Adopted at the 12th ordinary meeting of the Government of the Honoural State on 19 November 2003 No. 72 of the People's Government Order No. 72 of 1 December 2003 and published as effective 1 February 2004) Chapter I General Article 1 provides for a fair, timely and proper handling of personnel disputes, the protection of the legitimate rights and interests of the parties, the preservation of social stability and the development of this approach in line with the relevant laws, regulations and regulations. Article II applies to the following personnel disputes between the State administration, the people's groups, the business unit and the staff (non-consider, temporary work, etc.) within the province's administrative area: (i) Disputes arising from the use, redeployment, conduct of the examination, resignation and restatement; (ii) The implementation of the State-mandated salary, welfare, insurance treatment, and the dispute over the implementation of the employment (employment) contract; (iii) Mobility disputes; (iv) Other personnel disputes that may be arbitration in accordance with laws, regulations and regulations. Article III does not apply to the following personnel disputes: (i) Exemptive and round-the-clock exchanges in accordance with the statutory procedures and the management authority of the Ministry; (ii) Administrative disposal by administrative organs; (iii) The treatment of benefits determined by the unit itself; (iv) Personnel disputes before the People's Court. Article IV. Personnel disputes arbitration is governed by the principles of openness, justice and equity; the regime of avoidance, the system of debate, the common bargaining system and the system of a final bureau. Article 5 Article 6 State administrations, groups of people, units and staff are parties to personnel disputes (hereinafter referred to as parties). The legal status of the parties in personnel disputes arbitration is equal. Article 7. In personnel disputes arbitration, the parties should bear the burden of proof on the facts of the dispute and the basis for the processing. Chapter II Article 8 The Director is headed by the same-level people's Government in the management of personnel or the main head of the personnel administration. The Deputy Director, a member may be employed by the person concerned. The composition of the National Commission for Personnel Dispute Arbitration at the district level shall be numbered. Article 9 Article 10 The arbitrators are appointed from the same level of government personnel administration and related unit staff. The arbitrators participate in arbitration activities, which should be supported. Article 11. The arbitrators shall have higher education at the university level, with good professional ethics and high policy level, operational capability and in accordance with one of the following conditions: (i) Three years of arbitration; (ii) Participation in the management of personnel for more than five years; (iii) Legal work for more than five years; (iv) Other work for more than 10 years or higher-level technical functions. Article 12 The units and individuals concerned should be supported and coordinated. The arbitrators and other persons concerned should be kept confidential in relation to national confidentiality, commercial secrets and privacy in personnel disputes cases. Article 13 Personnel disputes are dealt with by the arbitral tribunal. The arbitral tribunal consists of three arbitrators selected jointly by the parties. The parties did not agree on the selection of arbitrators, appointed by the Commission of Personnel Dispute Arbitration at the level of the Government and appointed one of them as Chief arbitrators. A simple case of personnel disputes may be chosen by the parties or by the Personnel Dispute Arbitration Commission to appoint one arbitrator alone. Chapter III Article 14. The People's Government (States, municipalities) the Personnel Dispute Arbitration Commission is responsible for dealing with the personnel disputes of the immediate administrative organs, people's groups, business units within this administrative area, and for coordinating the handling of personnel disputes across the jurisdiction (markets, areas). The People's Government's Personnel Dispute Arbitration Commission is responsible for dealing with the personnel disputes of the executive organs, groups of people and units within the present administration. Article 15. Two or more personnel disputed arbitration committees are controversial in the jurisdiction of the same personnel disputed case and are appointed by their common superior personnel dispute arbitration committees. Chapter IV When a personnel dispute arises, the parties may bring the parties to a coordinated resolution by their authorities; coordinate the invalidity or the reluctance of the parties to bring the arbitration to the competent authorities and require the application of arbitration, within 60 days of the date on which the parties know or should be aware of the dispute, in writing the application of arbitration by the Commission of Personnel Disputes of the Government of the People with jurisdiction and a copy of the arbitration application. In the event of force majeure or other justifications, the parties have applied for arbitration in excess of the provisions of the preceding paragraph, for arbitration within 5 days of the removal of obstacles, and the Commission for Personnel Disputes of the Government of the People at the district level should be admissible. Article 17 (i) The applicant and the applicant's name, gender, age, place or place of office, name of unit, place of residence, contact, legal representative or principal; (ii) The requesting matter and the facts, reasons; (iii) Evidence and its origin, the name, residence and contact of witnesses. Article 18 The Commission on Personnel Disputes of the People's Government at the district level, within 10 days of the date of receipt of an application for arbitration, took a decision to receive or receive it. The decision should be taken with a copy of the application for arbitration to be sent to the applicant within 7 days of the date of admissibility; the decision to be inadmissible should explain the grounds and inform the applicant in writing. Within 15 days from the date of receipt of a copy of the application for arbitration, the applicant submitted a letter of reply and related evidence to the Commission of Personnel Disputes of the Government of more than the District. The applicant was not submitting the letter of reply on time without prejudice to the conduct of the arbitration proceedings. Article 19 parties may entrust 1 to 2 agents of arbitration. At the time of the commissioning, it is necessary to submit a letter of identification and commission to the Commission of Personnel Disputes of the Government of more than the people at the district level. Article 20 should be preceded by mediation by the arbitral tribunal to deal with personnel disputes. The arbitral tribunal shall produce a letter of mediation in accordance with the content of the agreement; the letter of mediation shall contain the outcome of the request for arbitration and the agreement of the parties, with the signature of the members of the arbitral tribunal and the parties, the seal of the Commission on Personnel Disputes of the Government of the Greater Gay District; and the letter of mediation shall be effective upon arrival of the parties. The arbitral tribunal shall conduct the arbitration in a timely manner without agreement or the letter of mediation to the former party. Article 21 Arbitration shall notify the parties in writing, by 5 p.m., of the composition of the arbitral tribunal, the time of the trial and the place of the court. Article 2, which is simple, clear and consented by the parties, does not require public hearings or involving State secrets, commercial secrets and personal privacy, may be directly arbitration and communicated by the arbitral tribunal to the parties by 5 p.m. Article 23 consists of one of the following cases in which the arbitral tribunal is composed of the following persons, who shall apply for the avoidance of it by themselves or by the parties, either orally or in writing: (i) That is a party to the present case or a close relative; (ii) Be directly related to the present case. The party's request for avoidance should explain the grounds. Article 24 Principal arbitrators avoided the decision of the Head of the Commission on Personnel Disputes at the district level and the other members avoided the decision of the Chief arbitrators and would decide to notify the parties and the requested evade. Article 25. The applicant has received a notice of the proceedings and has no justification for the court or for the return of the court without the licence, as an automatic withdrawal of the application for arbitration. The applicant has received a notice of the opening of the session, which is not justified by a court or by a court without a licence, may be in absentia. Article 26 parties should provide evidence of their own requests for arbitration or the respondent. The arbitral tribunal shall provide evidence to the parties. The parties have the right to debate in the arbitration process. The arbitral tribunal shall make a notice of the proceedings. The parties and other arbitration licensors believe that the record is lost or wrong and may apply for the addition. The arbitral tribunal ruled on the principle of a few deferences to the majority. The different views of a few arbitrators should be recorded in the table. Where necessary, the arbitral tribunal may bring the cases of personnel controversy to the Commission for Personnel Dispute Arbitration at the level of the Government. The judgement of the arbitral tribunal shall be produced in a timely manner and delivered to the parties. The ruling shall contain the arbitration request, the facts of controversy, the reasons for the decision, the outcome of the decision, the duration of the arbitration, the burden of arbitration and the date of the decision, which shall be signed by the members of the arbitral tribunal and the chapter of the Commission on Personnel Disputes of the Government of the Greater Gay District. The decision was sent to the effect that the parties did not apply for review. Article 29 deals with personnel disputes by the arbitral tribunal and shall be closed within 60 days of the date of admissibility. The case is complex, with the approval of the head of the Arbitration Commission, the duration may be extended, but no later than 30 days. Chapter V Implementation and oversight Article 33 shall be carried out by the parties on time; the parties have not been carried out by the parties on an interim basis by the Committee on Personnel Disputes of the People's Government at the district level and, in accordance with the competence of personnel management, by the relevant units. Resigned, resigned and performing disputes with the employment contract may be applied by law to the People's Court. The controversy surrounding the mobility of the talent, which is permitted by conciliation or decision, should be completed within 15 days of the date of the conciliation or decision of entry into force; the late absence of the Commission on Personnel Disputes of the Government of the Territory at the district level reminded the Government's personnel administration to directly redeploy the personnel files and to process the procedures. Article 31 provides evidence that the decision is one of the following cases, and may apply for review to the Personnel Dispute Arbitration Commission, within 10 days of the date of receipt of the decision: (i) The composition of the arbitral tribunal or the arbitration proceedings in violation of the provisions of this approach; (ii) The evidence based on the decision is forged; (iii) To conceal evidence that affects fair decisions by the parties concerned; (iv) Arbitral arbitrators are subject to bribery, provocative fraud and arbitrariness. The application of the parties was reviewed by the Commission on Personnel Disputes of the Government of the People at the district level and considered that the need for review could be reviewed once and should be organized by the arbitral tribunal to complete the review within 30 days. The final decision during the review was suspended. Chapter VI Legal responsibility In violation of this approach, one of the following acts has not yet been committed, and a warning by the personnel administrations of the people at the district level to the extent that the period of time has been changed, and administrative disposition by law is granted to the competent and other direct responsibilities directly responsible: (i) Contrary to arbitration activities and impede the performance of the functions of the arbitration staff; (ii) There is no justification for refusing to provide relevant documentation, information and documentation; (iii) Provision of false evidence; (iv) Counter reprisals against arbitration staff, arbitration agents, witnesses; (v) The delay in the prosecution and the refusal to implement the mediation, judgement, which is effective. Article 33, in the course of arbitration, favoured private fraud, bribes, extortion, abuse of authority, disclosure of State secrets, commercial secrets and personal privacy, has not been criminalized by law, and is an arbitrator, and the Commission on Personnel Disputes of the Government of the District should be dismissed. Chapter VII Article 34, in which the parties apply for a personnel dispute arbitration, shall be charged with an arbitration fee in accordance with the relevant provisions. The criteria and methods for the collection of arbitration fees are set out separately by the Government of the province's personnel, finance and price administration. Article 35 of this approach is implemented effective 1 February 2004. |
