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Government Order No. 121 The Beijing Urban Personnel Dispute Arbitration Approach had been adopted at the 4th ordinary meeting of the People's Government, on 4 March 2003, and was published, effective 1 May 2003. Mayor Mumbai 7 March Personnel dispute arbitration in Beijing Chapter I General Article 1 establishes this approach for the fair and timely handling of personnel disputes and guarantees the legitimate rights and interests of the parties to the dispute. Article II applies to personnel disputes arising from the establishment, change, removal, etc. of personnel relations between this city unit and its staff, as well as other personnel disputes to be arbitration in accordance with the relevant provisions of the State and the city. Except as otherwise provided by national legislation, legislation and regulations. Article 3 Personnel dispute arbitration is carried out independently by law and is not interfered by administrative organs, social groups and individuals. Article IV. Personnel disputes arbitration should be guided by fair and timely principles. The status of the parties in personnel disputes arbitration is equal. Chapter II Article 5 establishes the Commission on Personnel Dispute Arbitration (hereinafter referred to as the Arbitration Commission) in the city and district, where cases of personnel controversy within the jurisdiction are dealt with separately. The Arbitration Commission has established an office responsible for the day-to-day work and other matters authorized by the Arbitration Commission. Article 6. The Arbitration Commission performs the following duties: (i) Arbitration of personnel disputes within the jurisdiction; (ii) Leading, overseeing the work of the arbitral tribunal bodies and arbitral tribunals; (iii) To study cases of major and suspected personnel disputes; (iv) Developing arbitration rules; (v) Resolves for arbitrators; (vi) This approach provides for other work undertaken by the Arbitration Commission. Article 7. The Arbitration Commission consists of representatives of the relevant sectors of the same people's Government, representatives of the same-ranking trade unions and relevant experts. The Arbitration Commission has a Director, a Deputy Director, two to four and several members. The composition of the Arbitration Commission should be odds. Article 8 Arbitration Commission may be appointed as an arbitrator by the relevant government department, expert scholars, lawyers. Chapter III Article 9. (i) Personnel disputes between the municipal branches, the direct agency, the immediate cause unit and the above-mentioned sectors, the immediate agency, the unit of the immediate cause, and its staff; (ii) Personnel disputes across regions and counties. Article 10 Article 11, where necessary, may refer to the designated area of personnel disputes under its jurisdiction, the District and District Arbitration Commission, which may bring cases of personnel disputes under its jurisdiction to the ICRA. The District, the District Arbitration Commission was appointed by the Municipal Arbitration Commission for objections arising from the jurisdiction of the case. Chapter IV Arbitration proceedings Article 12 The parties shall apply in writing to the Arbitration Commission for arbitration within 60 days of the date of the personnel dispute and, in accordance with the applicant's number, submit a copy of the application for arbitration. The Arbitration Commission shall, after having received an application for arbitration, make a decision to be admissible or inadmissible within 15 days. A copy of the application for arbitration shall be sent to the applicant within 7 days and to the arbitral tribunal. The decision to be inadmissible shall be communicated in writing to the parties and to the reasons for their inadmissibility. The District, the District Arbitration Commission brought cases of personnel controversy before the Municipal Arbitration Commission, and the Municipal Arbitration Commission should take a decision on admissibility within 5 days of the date of receipt of the application. Article 14. The applicant shall submit a letter of reply and related evidence within 15 days of receipt of a copy of the arbitration application. After receipt of the letter of reply by the Arbitration Commission, a copy of the letter of reply shall be sent to the applicant within five days. The applicant has not submitted his letter of reply on time or does not affect the conduct of the arbitration proceedings. Article 15. The party's participation in arbitration activities can be delegated to both agents. The commissioning of an act of another person should be submitted to the Arbitration Commission. The letter of commission shall specify the matter and the terms of reference and shall be signed or communicated by the author. Article 16 consists of three arbitrators. The Chief arbitrator was appointed by the Arbitration Commission and the parties could select one arbitrator or entrust the Arbitration Commission with the appointment of an arbitrator; a simple case of personnel controversy was appointed by the Arbitration Commission to serve as a sole arbitrator. Arbitration should be held. The parties' agreement does not sit and may be in writing. The arbitral tribunal shall notify the parties of the date, place, etc. of the opening of the session, within 5 days of the opening of the session. The licensor of the arbitration is deemed to have withdrawn the application of arbitration by written notification of the absence of a court or a transfer court without the licence of the arbitral tribunal. The applicant may, in absentia, arbitration without a written notification of the absence of a court or a court without the licence of the arbitral tribunal. Article 18 is a third party in the interest of personnel disputes, which may apply for participation in arbitration or for arbitration by the Arbitration Commission. The third party applied for participation in arbitration and whether the Arbitration Commission was granted. The parties should provide evidence of their claims. The arbitral tribunal shall have a material certificate of the evidence, which can be used as a basis for the decision only if the evidence is determined by the evidence. Article 20 is entitled to debate in the arbitration process. At the end of the debate, the Chief arbitrator or the sole-holder arbitrator should seek the final views of the parties. Article 21 deals with personnel disputes by the arbitral tribunal. The arbitral tribunal shall mediate the parties' voluntary mediation. The arbitral tribunal shall produce a letter of mediation in accordance with the content of the agreement. The arbitral tribunal shall rule in a timely manner if mediation does not reach agreement or the letter of mediation is sent to the former party for remorse. Article 2 should be made in accordance with the views of the majority of arbitrators, and the different views of a few arbitrators should be recorded in a note. The arbitral tribunal shall make the decision in accordance with the advice of the Chief arbitrator. Article 23 of the arbitral tribunal may refer to the Arbitration Commission for its discussion of the decision. The decision of the Arbitration Commission shall be carried out by the arbitral tribunal. Article 24 shall produce a decision within five days of the date of the decision. The decision to enter into force must be carried out by the parties. The Arbitration Commission may send a notice of implementation and inform the relevant units to facilitate implementation. Article 25. The parties have evidence that the decision is one of the following cases, and may apply for review by the Arbitration Commission to decide on the basis of 10 days from 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) The concealment of evidence sufficient to influence fair decisions by the parties; (iv) Arbitral arbitrators are bribeed in arbitration activities, favouring private fraud and arbitrariness. The Arbitration Commission, which was reviewed to verify that it was considered appropriate for review, should consist of another arbitral tribunal. The review did not affect the implementation of the decision. The parties did not agree on an arbitral award, which fell within the scope of the People's Court and could also be prosecuted by law to the People's Court. Article 26 The arbitral tribunal shall deal with personnel disputes and shall be closed within 60 days of the date of its composition. The complexity of the case requires the extension, which, with the approval of the Arbitration Commission, may be extended, but not more than 30 days. Article 27 contains one of the following cases in which the arbitrators should claim themselves to avoid, and the parties and their agents may make a request to avoid: (i) The party or the party, the agent's close relatives in 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. The Arbitration Commission shall decide on a timely basis. In the course of dealing with personnel disputes, the Arbitration Commission has the right to access archives, information and other supporting material relating to the case, to investigate the evidence to the informed and to support and cooperate with the relevant units and individuals. The Arbitration Commission and its staff should be confidential in relation to State secret, commercial secret and personal privacy in personnel disputes cases. Chapter V Legal responsibility Article 29, arbitrators and other arbitral workers have favoured private fraud, bribery, extortion, abuse of authority, violations of the legitimate rights of the parties, by the Arbitration Commission to remove their arbitrators' qualifications or to be dismissed by their units or by their superior authorities; and to hold criminal responsibility under the law. Annex VI Article 31 applies to arbitration by the parties and shall be subject to the relevant provisions. The criteria for the collection of arbitration fees are jointly approved by the municipal finance and price authorities. Article 31 may establish arbitration rules in accordance with this approach. Article 32 of this approach is implemented effective 1 May 2003. |
