Interim Measures For The Tibet Autonomous Region, A Personnel Dispute Arbitration

Original Language Title: 西藏自治区人事争议仲裁暂行办法

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(June 25, 2003, people's Government of Tibet Autonomous Region, the 14th General meeting on June 30, 2003, the Tibet Autonomous Region people's Government announced, 55th) Chapter I General provisions article I in order to ensure fair and timely processing of personnel disputes, protect the legitimate rights and interests of units and individuals, maintaining social stability, in accordance with the relevant provisions of laws and regulations and relevant personnel disputes, according to area, these measures are formulated.
    Second State organs, enterprises and individuals have equal status in a personnel dispute arbitration.
    Article III personnel dispute arbitration shall take place in accordance with the law, independently and free from interference by any administrative organ, public organization or individual.
    Article the arbitration of personnel disputes follow the principle of openness, justice and fairness.
    Five personnel disputes arbitration system at the implementation level.
    Chapter II Organization article sixth autonomous region, Prefecture (City) and County (city, district) set up a personnel dispute arbitration Committee is responsible for personnel disputes within the jurisdiction of the cases, respectively. Personnel disputes Arbitration Committee shall independently exercise their right to arbitration.
    Subordinate personnel dispute arbitration Committee should accept a personnel dispute arbitration committee oversight and guidance.
    Article personnel disputes Arbitration Committee shall be responsible for the processing of personnel at the same level of controversy of the specialized agencies, its members approved by the people's Governments at the same level. Article by Director of personnel dispute arbitration Committee 1, 2 to 4 people, the Deputy Director and composed of several Committee members.
    Director of personnel dispute arbitration Committee by the people's Governments in charge of personnel at the same level of leadership or personnel Department Chief, and Deputy Director, appointed by the personnel department and concerned staff.
    Personnel disputes Arbitration Committee shall be an odd number.
    A personnel dispute arbitration Committee decisions when the principle of the minority subordinate to the majority. Personnel dispute arbitration committee set up under article offices.
    Offices responsible for accepting the case, arbitration documents delivery, file management, payment and administration costs and so on, handling other matters authorized personnel dispute arbitration Committee.
    Personnel dispute arbitration committee offices located in the people's Government at the personnel administration department. Tenth handling personnel disputes Arbitration Committee cases and arbitral institution. Arbitral tribunals generally consists of 3 or 3 or more singular arbitrator, appoint an arbitrator to act as the presiding arbitrator of the Arbitration Commission.
    Simple cases of personnel disputes, the Arbitration Commission may appoint an arbitrator sitting alone. 11th arbitrator for the part-time arbitrators.
    Part-time arbitrators from the personnel administration Department, other government departments or the appointment of experts, academics and lawyers.
    Third chapter by case range 12th article personnel dispute arbitration Committee accepted following personnel dispute case: (a) State and civil servants (staff) Zhijian for hired, and mobilization, and wage, and resigned, and dismissed occurred of personnel dispute; (ii) institutions and staff, and professional technicians Zhijian for mobilization, and wage, and resigned, and dismissed, and perform appointment or hired contract occurred of personnel dispute; (three) social groups and staff Zhijian of about personnel dispute;
    (D) business units and between managers and professional and technical personnel from the performance of employment contract or an employment contract of personnel dispute; (v) in accordance with laws and regulations, provisions of Arbitration disputes and other disputes the talent flow. 13th article personnel dispute arbitration Committee not accepted following personnel dispute case: (a) State, and enterprises and social groups for personnel appointment, and rewards and punishments, and personnel adjustment, occurred of personnel dispute; (ii) in court, and Attorney and the police, and judicial administrative, and national security, and confidential organ engaged in confidential work of confidential staff, for mobilization, and resigned occurred of personnel dispute; (three) is accept review yet closed of personnel occurred of personnel dispute; (four) in accordance with civil servants complaints charged provisional provides
    Appeals filed, complaints (v) according to the People's Republic of China belongs to the provisions of the labour code of the labor dispute arbitration dispute.
    Fourth chapter jurisdiction article 14th personnel disputes the jurisdiction of the Arbitration Commission of the autonomous region autonomous region units, units of the departments under the Central Government in Tibet, a personnel dispute cases as well as trans-regional personnel dispute cases in the administrative areas of the autonomous region.
    15th (City) a personnel dispute arbitration committee jurisdiction (City) units, departments under the Central Station (City) personnel dispute cases occurred in units of (City) across the County, within the administrative area of personnel dispute cases.
    The County (city, district) personnel personnel disputes within the jurisdiction of the administrative case of the Arbitration Commission.
    The fifth chapter 16th arbitral proceedings the Parties shall within 90 days from the date the dispute, in writing, by jurisdiction to a personnel dispute arbitration Committee for arbitration, is the number of applicants and submitted copy.
    Due to force majeure the parties more than apply for arbitration of personnel disputes Arbitration Committee shall be accepted.
    17th the arbitration application shall contain the following particulars: (a) the applicant's name, gender, age, occupation, place of work and residence; (b) the applicant's name, sex, age, occupation, place of work and residence, and (iii) the request for arbitration and was based on the facts and reasons; (d) the evidence and sources, the names and addresses of witnesses.
    The preceding paragraph (a), (b) the applicant or the respondent is the unit, you should specify the name, domicile, legal representative or principal responsible person name, title.
    18th day of receipt of the request for arbitration of personnel disputes Arbitration Committee in the 15th, that meets the conditions for admissibility should be accepted, and notify the parties in writing; think does not meet the conditions for accepting the case, it shall notify the parties in writing and state the reasons. 19th personnel dispute arbitration Committee after the admissibility decision, the arbitration application, serve a copy on the respondent in the 7th, and the formation of the arbitral tribunal. Is the applicant shall receive a copy of the arbitration application within 15th of the respondent and relevant evidence.
    Respondent is not submitted or not submitted on time reply, without prejudice to the conduct of arbitration proceedings. 20th party agent participate in arbitration activities may appoint 1 or 2 people.
    Commissioning agents, must be submitted to the arbitration of personnel disputes Committee delegate signature (stamp) a power of Attorney, and clear commitment and authority. 21st the Arbitration Tribunal personnel dispute cases should ascertain the facts, segregation of responsibilities, on the basis of the first conciliation, voluntary agreements by the parties.
    Agreement shall not violate laws and regulations. A conciliation agreement, the arbitral tribunal shall, in accordance with agreement of mediation. The conciliation statement shall clearly state the outcome of the arbitration request and agreement of the parties. Mediation shall be signed by the members of the arbitral tribunal and the parties, sealed by the personnel dispute arbitration Committee and after service, is effective.
    Mediation no agreement or service mediation before turning back, the arbitral tribunal shall make a timely decision. 22nd the arbitration shall hold oral hearings.
    The parties agree not to hold a hearing, or the arbitral tribunal considers it inappropriate to court can be written. Decides to court, the arbitral tribunal shall, before the trial begins in the 5th of the hearing time, place, notify the parties in writing. Applicant upon written notice of arbitration, fail 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, fail to appear without good reason or without permission of the Arbitration Tribunal courtroom, absence of arbitration.
    23rd trial arbitral tribunals in a personnel dispute cases, the evidence should be cross-examined after evidence found that evidence can be taken as a basis for arbitration. In arbitration process, the parties to the dispute have the right to proceed to a debate.
    At the end of the debate, the presiding arbitrator or the sole arbitrator shall solicit the final opinion of the parties. 24th the Arbitration Tribunal shall make a written record of the hearing.
    The parties and other participants in the arbitration that the records of their own statements there are omissions or errors, the right to apply for corrections. 25th award shall be made in accordance with the views of the majority of the arbitrators, a few different opinions of the arbitrators can be recorded.
    Personnel disputes on major or complicated cases, the arbitral tribunal may decide before the Arbitration Committee. 26th in the date of the decision of the arbitral award in the 5th.
    Decision shall specify the arbitration request, disputed facts, the reasons for, ruling, the burden of costs of arbitration and ruling date.
    Decision shall be signed by the members of the arbitral tribunal, sealed by the personnel dispute arbitration Committee and after service, is effective. 27th the Arbitration Tribunal personnel dispute cases, and should generally be formed within 60 days from the date of completion by the Arbitration Tribunal.
    Complex cases need an extension, approved by the personnel dispute arbitration Committee, 30th extension.
    28th article has following case one of of, arbitration Member should itself application avoided, party and agent right to to oral or written form application its avoided: (a) is this case of party or and party, and agent has near relatives relationship of; (ii) and this case has interest relationship of; (three) and this case party, and agent has other relationship, may effect just ruling of.
    A personnel dispute arbitration Committee take a decision on the application for withdrawal shall, without delay and notify the parties.
    29th personnel dispute arbitration Committee have the right to access files, collect information relevant to the dispute, to relevant organizations, civil investigation and collection of evidence, relevant units and individuals shall be given support and cooperation.
    Personnel dispute arbitration Committee, the arbitrators and other staff to investigate personnel disputes in cases involving State secrets and personal privacy which should be kept confidential. During the 30th in a personnel dispute arbitration Committee cases, parties or extend the dispute must comply with the rules and regulations.
    Unit may make with disputes relating to the content of the new process. The sixth chapter implementation and oversight of the 31st legally effective mediation, adjudication, parties must be self to implement within the prescribed period.
    The party's failure, and guarantee the implementation of personnel dispute arbitration Committee drew the Government's personnel department. Article 32nd talent flow of personnel dispute arbitration, pursuant to a ruling to allow movement of personnel, the unit to which they shall be from the date of receipt of the award on the 15th through the relevant formalities.
    Fails to perform, the personnel dispute arbitration Committee drew the Government's personnel department to transfer personnel files directly, and the relevant procedures. The Conference must not allow the flow of personnel, not allowed to leave.
    Unauthorized departure, units can be treated in accordance with relevant regulations of the State.
    33rd article party has evidence proved ruling has following case one of of, can since received ruling book of day up 15th within to made ruling of personnel dispute arbitration Committee application reconsideration: (a) Arbitration Chamber of composition or arbitration program violation provides of; (ii) ruling by according to of evidence is forged of; (three) other party hide has enough to effect just ruling evidence of; (four) arbitration member in arbitration the case Shi has bribery bribes, and engages in, and pervert ruling behavior of.
    A personnel dispute arbitration Committee decision by the examination and verification of any of the circumstances set forth in the preceding paragraph, shall be the Constitution of an arbitral tribunal.
    During the review, does not affect the execution of decisions. 34th personnel dispute arbitration Committee Director of the legally effective decision of the Commission, found that error you need to arbitration, it shall submit a personnel dispute arbitration Committee for discussion and decision.
    Arbitration Commission decided to reopen the arbitration panel shall be the Constitution of an arbitral tribunal.
    Seventh chapter legal responsibility 35th article party and the about personnel in arbitration process in the has following behavior one of of, personnel dispute arbitration Committee should serious criticism education, and ordered corrected; plot serious of, by police organ in accordance with People's Republic of China security management Punishment Ordinance of about provides punishment; constitute crime of, law held criminal: (a) interference arbitration activities, hinder arbitration staff implementation corporate of; (ii) refused to provides about file, and information and other proved material of;
    (C) providing false information, and (iv) arbitration of the staff, participants in the arbitration, witness retaliation.
    36th arbitration staff engages in arbitration activities, bribery, extortion, abuse of power, violation of legal rights of the parties by the units or higher authority, impose administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. Eighth chapter supplementary articles article 37th Parties applying for arbitration of personnel disputes, shall pay arbitration fees in accordance with the relevant provisions.
    Standards and practices of arbitration fees charged, in accordance with the relevant provisions of the State.
    38th article of the approach by the State Department of personnel administration is responsible for the interpretation.
                                                                      39th these measures shall come into force on August 1, 2003.