Key Benefits:
(Act No. 159 of the People's Government Order No. 15 of 1 August 2003) Chapter I General Article 1 provides for a fair and timely approach to personnel disputes and facilitates mobility and development of talents, in accordance with national provisions on personnel management. The personnel disputes referred to in Article 2 of this approach refer to employment rights disputes arising between units such as utilities, social groups and professional technicians, managers and other relevant personnel. Article 3. This approach applies to the following personnel disputes arising within the territorial administration: (i) Disputes arising between the unit of the cause, the unit of society, and the professional technicians, managers who have established contractual relations; (ii) The controversy between the treasury units, social groups, and professional technicians, managers who have not established contractual relations; (iii) Controversies such as utilities, social groups, which have been disputed by refusing to hire the persons concerned; (iv) Other personnel disputes that may be arbitration by law. The treatment of State civil servants complaints, charges and labour disputes cases is applicable to the relevant provisions of the State and the province. Article IV. Personnel dispute arbitration upholds the principles of timeliness, impartiality and reasonableness and respects the autonomy and ownership of the individual's choice. The parties are equal in personnel disputes arbitration. When a personnel dispute arises, the parties shall consult to resolve or accept mediation by the competent units. Consultations, mediation cannot be applied for arbitration or may be brought before the People's Court by law. Chapter II Arbitration bodies Article 6 establishes the Commission on Personnel Dispute Arbitration (hereinafter referred to as the Arbitration Committee). The Arbitration Commission was established by the people at all levels. One Director of the Arbitration Commission is headed by the head of the same-level people's administration of personnel or the main head of the personnel administration; the Deputy Directors 1 to 2; and a number of members of the Commission engaged in the employment of the relevant departments, units and experts. The composition of the Arbitration Commission shall be numbered. The Arbitration Commission has established a body responsible for the day-to-day specific work. The office is located in the Government Personnel Administration. Article 7. In deciding on a decision by the Arbitration Commission, a few principles of deference were applied. Article 8 Part-time arbitrators enjoy the same rights as a full-time arbitrator in carrying out an arbitration function. Article 9. The Arbitration Commission shall consist of an arbitral tribunal in cases of personnel controversy. The arbitral tribunal consists of three arbitrators. On the merits, the Director of the Arbitration Commission may designate one arbitrator alone to arbitration. Chapter III Arbitration proceedings Article 10 parties in personnel disputes may apply for arbitration to a competent arbitration commission within 60 days of the dispute. Article 11. Personnel disputes relating to units belonging to the District (markets, zones) are governed by the Arbitration Commission. The following personnel disputes are governed by the Municipal Arbitration Commission: (i) Personnel disputes with respect to the principal units of the city; (ii) Personnel disputes across the city (market, area); (iii) Personnel disputes between the outside province (in the self-government area, the municipality of the Principality). The following personnel disputes are governed by the Provincial Arbitration Commission: (i) Personnel disputes between the provincial units; (ii) Personnel disputes across municipalities; (iii) Personnel disputes with the Central Office in the Zangger. Article 12 Personnel disputes under the jurisdiction of the Provincial Arbitration Commission, which is subject to the jurisdiction of the Court of Arbitration of the parties to agree on the location of the unit, shall be admissible. Personnel disputed cases under the jurisdiction of the Municipal Arbitration Commission, which are governed by the party's agreement concerning the location of the unit (commune, district) arbitration board, shall be admissible. Article 13 Personnel disputed cases under the jurisdiction of the Municipal, District and District Arbitration Commission are complex, with the parties agreeing to select the jurisdiction of the Provincial Arbitration Commission, which may be directly admissible. Personnel disputed cases under the jurisdiction of the District (market, district) Arbitration Commission are complex, with the parties agreeing to choose the jurisdiction of the Municipal Arbitration Commission, which may be directly admissible. Article 14. The Arbitration Commission shall, within 15 days of the date of receipt of an arbitration application, make a decision to be admissible or inadmissible. The decision shall be admissible within 7 days of the date of the decision and shall be communicated to the applicant for the receipt of the decision and the copy of the application for the admissibility of the decision and arbitration to the applicant; the decision to be inadmissible shall be communicated in writing to the parties and the reasons for it. Article 15. The applicant shall submit a letter of reply within 15 days of the date of receipt of a copy of the application for arbitration. The applicant was not submitting the letter of reply on time without prejudice to the conduct of the arbitration proceedings. Article 16 may entrust a lawyer or other person to participate as an agent in arbitration activities. The parties entrusted others to participate in arbitration activities and should submit a letter of commission to the Arbitration Commission to clarify the matter and the terms of reference. Arbitration should be held. The parties' agreement does not hold a court or the arbitral tribunal considers it inappropriate to sit, and the arbitral tribunal may arbitration in accordance with the arbitration application, the letter of reply and other material. Article 18 The arbitral tribunal shall notify the parties in writing of the time, place and composition of the arbitral tribunal by 5 p.m. The licensor of the arbitration is not justified by the court or by the court's access without the licence of the arbitral tribunal, and is subject to the application of the arbitration. The applicant may, in absentia, arbitration without justification or without the licence of the arbitral tribunal. The arbitral tribunal may, in accordance with the law, pre-empt the parties to enter into agreements on a voluntary basis on the basis of the identification of facts and responsibilities. The arbitral tribunal shall produce a letter of mediation in accordance with the content of the agreement. The arbitral tribunal shall decide in a timely manner without agreement or a letter of mediation to the former party. Both parties can be reconciled themselves. Article 20 shall be made in accordance with the views of the majority of arbitrators. The views of a few arbitrators should be recorded. The arbitral tribunal could not form a majority of cases, and the arbitral tribunal should submit to the Arbitration Committee for its decision. Article 21 shall be communicated by the arbitral tribunal to the parties within 5 days of the date of the decision. The ruling should contain the main situation of the parties, the arbitration request, the facts of the dispute, the findings, reasons, the burden of arbitration costs and the date of the award. The decision was made by a member of the arbitral tribunal and by a seal of the Gay Arbitration Commission; by a decision of the Arbitration Commission, chapter of the arbitration committee. The arbitral tribunal shall be closed within 60 days of the date of the receipt of the case; however, the complexity of the case cannot be completed on time and, with the approval of the Arbitration Committee, the appropriate extension may be extended beyond 30 days. Article 23 has one of the following cases and should be avoided by the arbitrators; the parties have the right to request the avoidance of the arbitral tribunal or the Arbitration Commission in writing or orally: (i) Near relatives of the parties or parties, agents of 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. Chapter IV Oversight and implementation Article 24 may apply to the former Arbitration Commission within 15 days of the date of receipt of the decision. The Arbitration Commission shall take a review decision within 30 days of receipt of the request. The decision not to be re Arbitration should be communicated in writing to the applicant and to the reasons. The Arbitration Commission found that an arbitral award was one of the following cases, and should be constituted by another arbitral tribunal and re Arbitration: (i) The composition of the arbitral tribunal or the breach of the provisions of the arbitration proceedings; (ii) Evidence relating to decisions is false or the parties conceal evidence sufficient to influence fair decisions; (iii) Arbitral award of bribes, private fraud and arbitrary law in arbitral activities; (iv) Other circumstances that would affect fair decisions. Article 25. The Arbitration Commission's ruling on the arbitral tribunal found that there was a mistake and that there was a need for re-exploitation, and should put an end to the implementation of the original decision and form arbitration by an arbitral tribunal. Article 26 re Arbitration cases shall consist of three arbitrators and shall be closed within 30 days of the date of the composition of the arbitral tribunal. Article 27 should fulfil the obligations of mediation letters, decisions. The party is not fulfilling, and the other party may apply to the Arbitration Commission by the Arbitration Commission to the same-ranking people's Government's personnel administration by law; the rulings that fall within the scope of enforcement of the People's Court may also apply for the enforcement of the People's Court. Article 28 Personnel disputes fall within the purview of the People's Court, where the parties are not guilty of arbitral awards or reapproval of arbitral awards, which may be brought before the People's Court within 15 days of receipt of the judgement. Chapter V Legal responsibility Article 29: The parties to the dispute, the Head of the Disputed Unit and other relevant persons have one of the following acts in the arbitration process, which is criticized by the Arbitration Committee for education, accountability and corrections, and the responsible person may recommend to the office or to the superior organs; in serious circumstances, penalties are imposed in accordance with the relevant provisions of the Regulations on the Safety and Security of the People's Republic of China; and criminal liability is held in accordance with the law: (i) Contrary to arbitration activities and impede the performance of the functions of the arbitration staff; (ii) Provision of false circumstances, forfeiture or destruction of evidence, to prevent witnesses from testifying or to justify others; (iii) Inviolation, defamation, default, reprisals, personal threats or harm against an arbitral worker, an arbitration participant, witness. Article 33 The arbitrators and other arbitration staff members operate in arbitral proceedings in private fraud, corruption, abuse of power, violation of the legitimate rights and interests of the parties, and administrative disposition by their units or superior organs, which should be dismissed by arbitrators; and criminal liability by law. Annex VI Article 31 Personnel disputes arbitration, which provides for the collection of arbitration fees. The standards of arbitration are established in the light of the provisions of the Regulation on the Administration of Charities of the Zangang Province. Article 32 |
