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Personnel Disputes In The Xinjiang Uygur Autonomous Region Provides

Original Language Title: 新疆维吾尔自治区人事争议处理规定

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(Prelease No. 106 of the People's Government Order No. 106 of the New Boyangur Self-Government Zone of 29 September 2002)

Article 1, in order to deal with personnel disputes in accordance with the law, protect the legitimate rights and interests of the parties to the personnel dispute, preserve the normal work order and establish this provision.
Article 2
(i) Disputes arising between national administrative authorities and staff for use and redeployment;
(ii) Disputes arising between the unit of cause (non-consistance of the enterprise transfer) and the management, the professional technicians as a result of resignations, resignations and the performance of the contract or employment of contracts;
(iii) Other personnel disputes that may be dealt with by personnel disputes in accordance with laws, regulations and regulations.
Article 3 deals with personnel disputes and should be guided by legitimate, impartial and timely principles.
Article IV establishes the Commission on Personnel Dispute Arbitration in the autonomous, state, city (territorial), district (commune, district) to deal with personnel disputes within the jurisdiction.
The Personnel Dispute Arbitration Commission consists of a Director, a Deputy Director and a number of members. The composition of the Personnel Dispute Arbitration Commission should be a single number.
Article 5
(i) Personnel disputes within the jurisdiction;
(ii) The appointment and management of a dedicated and part-time arbitrator;
(iii) Develop a system of work of the Commission on Personnel Dispute Arbitration to deal with personnel disputes;
(iv) Oversight of the implementation of personnel disputes decisions.
The day-to-day work of the Personnel Dispute Arbitration Commission is the responsibility of the Government's personnel administration.
Article 6. Personnel dispute arbitration committees should consist of arbitral tribunals. The arbitral tribunal consists of more than three single arbitrators, and the Arbitration Commission appointed one arbitrator to serve as the chief arbitrator.
A simple personnel dispute, the Personnel Dispute Arbitration Commission may designate an arbitrator to deal exclusively.
Article 7. The Personnel Dispute Arbitration Commission may be employed by staff, expert scholars and legal practitioners of the relevant branches of government as a full-time arbitrator or as an arbitrator.
Part-time arbitrators enjoy the same rights as a full-time arbitrator in carrying out an arbitration function.
Article 8. Personnel disputes in the self-government area governed by the Commission on Personnel Disputes in the autonomous areas of the Government of the People's Government and the competent institutions, units of the cause, cross-states, municipalities and territories.
The State, the City (territory) Personnel Dispute Arbitration Commission is responsible for the administration of the personnel disputes between the various branches of the Government of the people (the executive branch) and the immediate institutions, the cause unit, the trans-zone (markets, areas).
The Personnel Dispute Arbitration Commission of the District (markets, zones) is responsible for the administration of the personnel disputes between the various branches of the Government of the people at this level and the agencies and agencies.
Article 9. Personnel disputes under the jurisdiction of the Committee on Personnel Disputes in the Autonomous Region may entrust the State, the city (terriority), the District (community, area) with the responsibility of the Personnel Dispute Arbitration Commission.
Article 10, after the occurrence of a personnel dispute, the parties shall consult to resolve, resolve the inconsistency and apply for arbitration to the Personnel Dispute Arbitration Commission within 60 days of the date of the personnel dispute. The arbitration application shall contain the parties, the arbitration requests and facts, and the source of evidence and evidence.
Article 11. The Personnel Dispute Arbitration Commission shall, within 7 days of the date of receipt of an arbitration application, make a decision to be admissible or inadmissible. A copy of the application for arbitration shall be sent to the applicant within 7 days and shall be constituted by the arbitral tribunal. The decision is not admissible and shall be communicated in writing to the parties and to the reasons.
Article 12 The applicant shall submit a letter of reply and related evidence within 15 days of receipt of a copy of the arbitration application. The applicant has not submitted his letter of reply on time or does not affect the arbitration of the personnel dispute.
Article 13 parties may entrust one to two agents to participate in arbitration activities. It should be submitted to the Personnel Dispute Arbitration Commission for the purpose of engaging others in arbitration activities. The letter of commission should contain matters and competence.
Article 14.
(i) Near relatives of the parties or parties and agents of the personnel dispute;
(ii) Relations with personnel disputes;
(iii) Other relations with personnel disputes parties and agents may affect fair decisions.
The Personnel Dispute Arbitration Commission shall decide on a timely basis and inform the parties.
Article 15. Personnel dispute arbitration shall be held. The parties' agreement does not sit and may be in writing.
Article 16 decides that the arbitral tribunal shall notify the parties in writing, such as the date of the opening of the meeting, the place.
The parties may be dealt with by the withdrawal of an arbitration application without justification or without the licence of the arbitral tribunal; the applicant may be in absentia without justification or without the court's licence.
The parties should provide evidence of their claims. The arbitral tribunal has the right to require the parties to provide or supplement evidence.
The arbitral tribunal may consult or replicate information relating to the dispute to the relevant units, inform the informed of the situation, and the relevant units and individuals should be supported.
In the course of the investigation of personnel disputes involving State secret and personal privacy, arbitrators and other staff should be kept confidential.
The parties are entitled to debate in the arbitration process. After the closure of the debate, the Chief arbitrator or the sole-holder arbitrator shall seek the views of the parties.
Article 19, in relation to major or suspected personnel disputes, the arbitral tribunal may discuss the decision by the author's Dispute Arbitration Commission; the decision of the Arbitration Commission shall be carried out by the arbitral tribunal.
Article 20 deals with personnel disputes by the arbitral tribunal and, on the basis of the identification of facts and responsibilities, mediation should be carried out to enable the parties to agree voluntarily. The content of mediation agreements shall not be in violation of the relevant laws, regulations and regulations.
Article 21, the arbitration tribunal shall produce a letter of mediation based on the content of the agreement. The letter should contain the outcome of the arbitration request and the parties' agreement.
The letter of mediation came into force with both parties and was signed by the parties.
The arbitral tribunal shall rule in a timely manner if mediation does not reach agreement or is remorse by the parties prior to the signing of the conciliation.
The arbitral tribunal shall transmit the judgement to the parties within 5 days of the decision. The ruling shall contain the request for arbitration, the facts of controversy, the reasons for the decision, the outcome of the decision and the date of the decision. The letter of decision was transmitted to both parties.
Article 23 deals with personnel disputes by the arbitral tribunal and shall be closed within 60 days of the date of the composition of the arbitral tribunal. The complexity of the situation requires an extension, with the approval of the Personnel Dispute Arbitration Commission, which may be extended for a period not exceeding 30 days.
Article 24 shall be carried out within the specified period of time by the parties' letters of mediation, rulings. Unfulfilled by the parties, the Personnel Dispute Arbitration Commission should be responsible for its implementation.
The relevant units should assist the Personnel Dispute Arbitration Commission in the implementation of mediation, awards, which are effective.
Article 25 provides evidence that one of the following cases may apply for review by the Commission of Personnel Disputes, within 30 days of receipt of the decision:
(i) The composition of the arbitral tribunal or the arbitration proceedings are contrary to this provision;
(ii) The evidence based on the decision is forged;
(iii) The concealment of evidence sufficient to influence fair decisions by the parties;
(iv) Arbitration staff are subject to bribery in arbitration activities, provocative fraud and arbitrary law decisions.
The Personnel Dispute Arbitration Commission shall review within 15 days of the date of receipt of a written request and, after review of one of the pre-existing conditions, shall consist of the arbitral tribunal to re-exploit.
Article 26 The Personnel Dispute Arbitration Commission found that there was a mistake in the arbitral award that had been in force, and that the arbitral tribunal should be reconstituted separately.
Article 27, in which the parties and other persons concerned have committed one of the following acts in the arbitration process, should be criticized by the Committee on Personnel Disputes for the reform of the education, order and correction of the law, which constitutes a violation of the management of the security sector, punishable by law; constitutes an offence punishable by law:
(i) Contrary to arbitration activities and impede the performance of the functions of the arbitration staff;
(ii) Provide false or false evidence;
(iii) Counter reprisals against arbitration staff, witnesses and parties.
Article 28, in the context of arbitration proceedings, the arbitration worker has favoured private fraud, bribery, abuse of authority and other violations of the legitimate rights and interests of the parties, which are governed by the law by its own units, which constitute a crime and are criminally criminalized by law.
Article 29 The Forces nouvelles may, in the light of this provision, develop a personnel dispute resolution approach implemented in the system.