Key Benefits:
(Summit No. 55 of the Government of the Tibetan Autonomous Region of 25 June 2003) Chapter I General Article 1, in order to ensure that personnel disputes are dealt with in a fair and timely manner, the legitimate rights and interests of protection units and individuals, the preservation of social stability, and the development of this approach in the light of the relevant laws, regulations and national provisions relating to personnel disputes. The status of Article 2 State organs, entrepreneurship units and individuals in personnel disputes arbitration is equal. Article 3. Personnel disputes arbitration shall be carried out in accordance with the law and independently without interference by administrative organs, social groups and individuals. Article IV. Personnel disputes arbitration is governed by the principles of openness, impartiality and equity. Article 5 Chapter II Article 6 establishes the Commission on Personnel Dispute Arbitration in the autonomous, territorial (commune), district (communes, zones) to deal with personnel disputes under the jurisdiction. The Personnel Dispute Arbitration Commission exercises the right to arbitration independently of the law. The lower-level Personnel Dispute Arbitration Commission shall be subject to oversight, guidance from the superior Personnel Dispute Arbitration Commission. Article 7. The Personnel Dispute Arbitration Commission is the specialized agency responsible for the handling of personnel disputes by the same-ranking people's Government, whose composition is approved by the same-level people's Government. Article 8 Personnel Dispute Arbitration Commission consists of one Director, two to four Vice-Presidents and several members of the Commission. The Director of the Personnel Dispute Arbitration Commission is headed by the head of the same-level people's administration for the work of the personnel or the main head of the personnel sector, with the Deputy Director, a member of the staff department and the personnel concerned. The composition of the Personnel Dispute Arbitration Commission should be a single number. In deciding on a decision by the Personnel Dispute Arbitration Commission, the principle of a limited number of deferences was applied. Article 9. The office is responsible for the day-to-day work of cases of admissibility, arbitration instruments, archives management, payment and management of arbitration costs, and for other matters authorized by the Personnel Dispute Arbitration Commission. The Personnel Dispute Arbitration Commission is located in the same-level Government's personnel administration. Article 10. The Arbitration Commission handles cases of personnel disputes and imposes the arbitral tribunal regime. The arbitral tribunal was generally composed of three or more single arbitrators, and the Arbitration Commission appointed an arbitrator to serve as the chief arbitrator. A simple case of personnel disputes could be considered by the Arbitration Commission alone. Article 11 Part-time arbitrators are employed by personnel administration, other government departments or experts, scholars and lawyers. Chapter III Scope of the case Article 12 Personnel Dispute Arbitration Commission receives the following personnel disputes: (i) Personnel disputes arising between State organs and national civil servants (staff personnel); (ii) Personnel disputes arising between the cause unit and the staff, professional technicians for mobility, wages, resignations, resignations, performance of employment or employment contracts; (iii) Personnel disputes between social groups and staff; (iv) Personnel disputes arising between enterprise units and managers and professional technicians for the performance of employment contracts or employment contracts; (v) In accordance with law, legislation and regulations, the mobility of persons to be arbitration and other disputes. Article 13 (i) Personnel disputes involving State organs, entrepreneurship units and social groups as a result of personnel exemptions, awards and personnel adjustments; (ii) The staff of the court, the Public Prosecutor's Office and the public security, the administration of justice, national security, the secretary body engaged in confidential work, resulting in the movement and resignation of personnel disputes; (iii) Personnel disputes that have not been settled are being accepted; (iv) Complaints and charges in accordance with the provisional provisions of the National Civil Service Complaints; (v) In accordance with the Labour Code of the People's Republic of China, disputes relating to labour disputes. Chapter IV Jurisdiction of cases Article XIV Personnel Disputes Arbitration Commission of the Autonomous Region governed cases of personnel disputes arising from units of the self-government zone, units of the Central Oriental Authority in Lasa, and personnel disputes across the administrative region of the autonomous area. Article 15 (c) Personnel disputed cases involving units within the jurisdiction of the Commission of Personnel Disputes (market) and personnel disputes across the territorial (market). The Personnel Arbitration Commission of the District (communes, areas) governs personnel disputes in the present administration. Chapter V Arbitration proceedings Article 16 parties shall, within 90 days of the date of the dispute, apply in writing to the Personnel Dispute Arbitration Commission for arbitration and submit a copy of the applicant's number. The Personnel Dispute Arbitration Commission should be admissible because of force majeure over the application of the statute of limitation for arbitration. Article 17 (i) The name of the applicant, sex, age, occupation, work unit and residence; (ii) The name of the applicant, gender, age, occupation, work unit and residence; (iii) The request for arbitration and the facts, reasons; (iv) Sources of evidence and evidence, names of witnesses and residence. The applicant or the applicant in subparagraph (i), (ii) shall be the unit and shall write the name, place of the unit, residence, statutory representative or the principal head. Within 15 days from the date of receipt of an arbitration application by the Personnel Dispute Arbitration Commission, it was considered that the conditions for the admissibility of the case should be admissible and communicated in writing to the parties; it was considered incompatible with the conditions for the admissibility of the case, the parties should be notified in writing and the reasons for it. After the decision of the Commission on Personnel Dispute Arbitration, a copy of the application for arbitration shall be sent to the applicant within 7 days and shall form the arbitral tribunal. The applicant shall submit a letter of reply and related evidence within 15 days of receipt of a copy of the application for arbitration. The applicant's failure to submit or submit a letter of reply in advance does not affect the conduct of the arbitration proceedings. Article 20 Participation of the parties in arbitration activities may be delegated by 1 to 2. The commissioning of an act by another person must submit a letter of authorization from the Commission of Personnel Disputes to the Commission of Authorization with the signature of the author (chap. Article 21 deals with personnel disputes by the arbitral tribunal shall be subject to mediation on the basis of the identification of facts and responsibilities, which will enable the parties to agree voluntarily. However, the content of the agreement shall not be in violation of the law, regulations. The arbitral tribunal shall produce a letter of mediation in accordance with the content of the agreement. The letter of mediation should indicate the outcome of the arbitration request and the parties' agreement. The letter of mediation was signed by the members of the arbitral tribunal and the parties concerned, with the seal of the Gaé Personnel Dispute Arbitration Commission and sent it into effect. The arbitral tribunal shall rule in a timely manner without an agreement or a remortal of the letter of mediation. The arbitration should be held. The parties' agreement is not open or the arbitral tribunal considers it inappropriate for the court to be in writing. The arbitral tribunal shall notify the parties in writing, such as the time, place, within 5 days of the opening of the session. The applicant for arbitration, in writing, may be considered as a withdrawal of the arbitration application without justification or without the licence of the arbitral tribunal. The applicant is notified in writing that there is no justification for the court or the court's transfer without the licence of the arbitral tribunal. Article 23 of the arbitral tribunal shall, in the course of the trial of a personnel dispute case, carry out a qualitative certificate of evidence and, after a material certificate, may serve as a basis for arbitration. Both sides of the dispute are entitled to debate in the course of arbitration. At the end of the debate, the Chief arbitrator or the sole-holder arbitrator shall seek the final views of the parties. Article 24 should be recorded by the arbitral tribunal. The parties and other arbitration licensors consider that the records of their own statements are missing or wrong and are entitled to apply for the replacement. Article 25 Decisions shall be made in accordance with the views of the majority of arbitrators, and the different opinions of a few arbitrators may be recorded in a note. The arbitral tribunal may submit a decision to the Arbitration Commission in connection with a major or suspected case of personnel controversy. Article 26 The arbitral tribunal produced a decision within 5 days of the date of the decision. The letter of decision should contain a request for arbitration, the facts of controversy, the reasons for the decision, the outcome of the decision, the burden of the arbitration and the date of the decision. The decision was signed by the members of the arbitral tribunal, with the addition of the chapter of the Gain Personnel Dispute Arbitration Commission and the delivery of the award, namely, effectiveness. Article 27 dealing with personnel disputes by the arbitral tribunal shall normally be closed within 60 days of the date of the composition of the arbitral tribunal. The complexity of the case requires an extension of 30 days, with the approval of the Personnel Dispute Arbitration Commission. Article 28 has one of the following cases: the arbitrators shall apply for themselves to avoid, and the parties and agents are entitled to apply for their avoidance either orally or in writing: (i) The party in the present case or the party, the agent has close relatives; (ii) Relationship with the present case; (iii) Other relations with the parties and agents of the present case may affect fair decisions. The Personnel Dispute Arbitration Commission shall decide on a timely basis and inform the parties. Article 29 of the Commission on Personnel Dispute Arbitration has the right to receive the archives of the parties, to communicate the information relating to the dispute, to investigate and collect evidence to relevant organizations, citizens, and to cooperate with the relevant units and individuals. The confidentiality and personal privacy of States involved in the investigation of personnel disputes cases should be confidential by the Personnel Dispute Arbitration Commission, arbitrators and other staff. Article 33 shall not expand the dispute between the parties and must comply with the rules and regulations of the units during the period in which the Commission is seized. The unit shall not make a new deal with the content of the dispute. Implementation and oversight Article 33 mediation, rulings, which have legal effect, must be carried out by the parties. The parties did not perform, and the Personnel Dispute Arbitration Commission was brought to the Government's personnel component to ensure implementation. Article 32, Personnel disputes arising from the mobility of persons, which are authorized by the decision, shall be closed within 15 days of the date of receipt of the decision. The late failure is due to the fact that the Personnel Dispute Arbitration Commission has brought the Government's personnel department directly to redeploy the personnel files and to process the relevant procedures. Persons who are not allowed to move may not be allowed to leave their homes. For self-employment, units may be treated in accordance with the relevant national provisions. Article 33 contains evidence that the decision is one of the following cases and may be reviewed by the Panel of Personnel Disputes, which has made a decision within 15 days of the date of receipt of the decision: (i) The composition of the arbitral tribunal or the breach of the provisions of the arbitration proceedings; (ii) The evidence based on the decision is forged; (iii) The concealment by the parties of evidence sufficient to affect fair rulings; (iv) The arbitrators have been subject to bribery, provocative fraud and arbitrary law decisions in the case of arbitration. The Personnel Dispute Arbitration Commission shall consist of another arbitral tribunal, subject to review of one of the pre-conditional provisions of the decision. During the review period, the decision was not implemented. Article 34 of the decision of the Director of the Personnel Dispute Arbitration Commission on the legal effect of the present Commission, found that there was a false need for re Arbitration and that the author should discuss the decision. The Arbitration Commission decided that the arbitration should be re-interrupted and that the arbitral tribunal should be dealt with separately. Chapter VII Legal responsibility Article XV contains one of the following acts in the course of arbitration by the parties and the persons concerned, and the Personnel Dispute Arbitration Commission should be seriously criticized for education, order change and, in serious circumstances, punishable by public security authorities in accordance with the relevant provisions of the People's Republic of China Regulations on the Safety and Security of the People's Republic of China; and criminal liability under the law: (i) Contrary to arbitration activities and impede the performance of the functions of the arbitration staff; (ii) To reject the provision of documentation, information and other material; (iii) Provision of false information; (iv) Counter reprisals against arbitration staff, arbitration participants and witnesses. Article XVI provides administrative disposal by an arbitral officer in the arbitration proceedings in favour of private fraud, bribery, extortion, abuse of authority, violations of the legitimate rights of the parties, and acts of criminal responsibility by law. Chapter VIII Article 337 applies to persons disputed arbitration and shall be charged with an arbitration fee in accordance with the relevant provisions. The criteria and methods for the collection of arbitration fees are implemented in accordance with the relevant provisions of the self-government area. Article 338 This approach is explained by the personnel administration authorities in the self-government area. Article 39 of this approach was implemented effective 1 August 2003. |
