Advanced Search

Jiangsu Province Labor Dispute Mediation And Arbitration Methods

Original Language Title: 江苏省劳动人事争议调解仲裁办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Modalities for mediation of labour personnel disputes in the Province of Southern Sudan

(The 8th ordinary meeting of the People's Government of Southern Sudan, 27 May 2013, considered the adoption of Decree No. 90 of 6 June 2013, No. 90 of the People's Government Order No. 90 of 6 June 2013.

Chapter I General

Article 1 regulates conciliation, arbitration proceedings, in accordance with the Labour Dispute Conciliation Act of the People's Republic of China (hereinafter referred to as the Labour Dispute Conciliation Arbitration Act), the Civil Service Act of the People's Republic of China (hereinafter referred to as the Civil Service Act), the Civil Service Act of China (the Civil Service Act), the Civil Service Code of China People's Liberation Army Civil Personnel Regulations, which establishes this approach in conjunction with the practice of the province.

Article 2

Article 3 deals with labour personnel disputes and should be based on the facts, in accordance with the principles of legality and impartiality, with emphasis on mediation, timely decisions and the protection of the legitimate rights and interests of the parties in accordance with the law.

Article IV. Governments of the local population at the district level should establish and improve mechanisms for labour personnel disputes, such as business, business unit mediation, town (farm) mediation, industrial mediation, popular mediation, administrative mediation.

The Human Resources and Social Security Administration is responsible for guiding the mediation of labour personnel disputes within the present administration.

Chapter II Mediation

Article 5

(i) Commission on Labour Dispute Conciliation;

(ii) Working Personnel Dispute Conciliation Commission of the cause unit;

(iii) Regional, industrial and human dispute mediation organizations;

(iv) The grass-roots community mediation organization established by law;

(v) Organizations with labour personnel dispute mediation functions established in the town ( Street), the village (community).

Article 6. The Commission on Labour Personnel Disputes in Business, Care Units consists of representatives of workers and agents, who are determined by consultation between the parties that the number of parties should be reciprocal. Workers are represented by members of the Trade Union Commission or by all workers and are appointed by the head of the unit.

The Director of the Mediation Commission is appointed by members of the Trade Union Commission or by the parties.

Article 7.

Article 8. The Government of the people at the local level and its relevant departments, the user units should take measures to support the mediation of labour personnel disputes organizations.

Article 9. Human resources and social security administration, general trade unions, administration of justice, people's courts guide labour personnel disputes mediation and co-operation in the training of mediators.

Article 10. When the Labour Personnel Dispute Mediation Organization has received a request for mediation by the parties, it shall be admissible within three days for the extent to which it belongs to the labour personnel dispute and with the consent of the parties to conciliation, and shall be kept in writing to the parties.

Article 11. The labour personnel dispute mediation organization shall be closed within 15 days of the date of the application for mediation, but the parties agree in writing that the extension may be extended. There was no mediation agreement within 15 days or with the consent of the parties. The parties may apply for arbitration in accordance with the law.

Article 12. The conciliation agreement produced by the Labour Personnel Dispute Mediation Organization shall contain the basic situation of the parties, conciliation requests, conciliation results and agreement implementation deadlines, implementation modalities.

In accordance with article 13 of the mediation agreement on labour personnel disputes, the parties may submit an arbitration review confirmation request to the Commission of Labour Personnel Disputes at the seat of the mediation organization, which is considered to be in compliance with the law, arbitration letters for conciliation agreements, which are considered to be incompatible with the provisions of the law, and in the opinion that they are not in accordance with the law.

The Labour Personnel Dispute Arbitration Commission decides not to confirm its decision and the parties may apply for arbitration to the Labour Personnel Dispute Arbitration Commission on that matter.

Article 14. Mediation organizations may also be entrusted, transferred and invited by the Labour Personnel Dispute Arbitration Commission.

The period of mediation entrusted, transferred to mediation does not exceed 15 days, and the period of mediation is not taken into account in the period of arbitration of the Labour Personnel Dispute Arbitration Commission.

In accordance with article 33, paragraph 2, of the People's Republic of China Labour Contracts Act, the application for payment orders was made by the People's Court after the decision of the end of the proceedings, and the application of arbitration by workers to the Labour Personnel Dispute Arbitration Commission shall be admissible.

In accordance with article 16 of the Labour Dispute Conciliation Arbitration Act, the worker may su directly to the People's Court after the decision of the People's Court to terminate the proceedings.

Chapter III Arbitration

Article 16 establishes the Labour Personnel Dispute Arbitration Commission in the provinces, municipalities in the establishment area and in the district (market).

The Labour Personnel Dispute Arbitration Commission may deal with actual needs in accordance with the case and establish an ombudsperson in the town of the commune ( Street), the village (community).

Article 17

The Director of the Labour Personnel Dispute Arbitration Commission is headed by the Head of the Human Resources and Social Security Administration, and the Deputy Director is headed by the constituent unit.

Article 18 Composition of the Commission of Labour Personnel Disputes, such as the Trade Union and the relevant sectors, may be assigned to and appointed to the Commission for the Arbitration of Disputes in the Work Personnel Disputes to participate in the mediation of labour personnel disputes.

Article 19, the Labour Personnel Dispute Arbitration Commission's office is the Labour Personnel Dispute Arbitration Chamber with a specific responsibility for the day-to-day work, such as mediation. The Labour Personnel Dispute Arbitration Chamber should be established as an institution with social management and service capacity.

Article 20 should be reasonably staffed by the Labour Personnel Dispute Arbitration Chamber in accordance with the principles of integration and adaptation to actual needs.

The arbitration chamber should have a relatively independent office and office space with the necessary facilities and equipment.

Article 21, the arbitral tribunal shall hear labour personnel disputes and shall be conducted in specialized places. In order to facilitate the handling of labour personnel disputes, temporary arbitration can be established where necessary.

Arbitral places should be relatively independent, efficient, marked and solemn.

The arbitrators and the recorders participating in the Court shall be uniformed and the arbitral insignia shall be seized.

Article 2 corresponds to the conditions of arbitrators under article 20 of the Labour Dispute Conciliation Arbitration Act and participates in the training of arbitrators organized by the national or provincial human resources and the social security administration, the examination is qualified and the award of an arbitrator appointed by the Labour Personnel Dispute Arbitration Commission may be presented to the arbitrator.

Article 23. The arbitrators are divided into specialized arbitrators and part-time arbitrators, as well as functional arbitrators and special arbitrators enjoy equal rights in arbitration activities. Part-time arbitrators should be supported by arbitration activities.

Article 24 arbitrators shall be subject to an annual examination, which shall serve as a basis for their recruitment and renewal.

Article 25

(i) Provincial organs that implement the Civil Service Act are in dispute with the personnel of the staff of the employed staff, in line with the Civil Service Act;

(ii) The territorial Government's labour personnel controversy with regard to the Forces nouvelles units in Benin, as well as the various branches of the Government of the province, the immediate body of institutions in the area of business;

(iii) Labour personnel disputes arising from the central and national offices of the provincial human resources and social security administration;

(iv) Personnel disputes with civilian personnel at the military force level above;

(v) Labour personnel disputes that have a significant impact in all provinces;

(vi) Other labour personnel disputes to be considered by the present Arbitration Commission.

Article 26 Municipal Labour Personnel Disputes Arbitration Commission of the Zone governs labour personnel disputes other than the provincial Labour Personnel Dispute Arbitration Commission.

The Labour Personnel Dispute Arbitration Commission of the District (market) is responsible for dealing with labour personnel disputes that have occurred in the present administration.

Article 27, respectively, applies to the Labour Personnel Dispute Arbitration Commission at the place of the contract and the location of the agent's unit, which is governed by the contract's territorial Labour Personnel Dispute Arbitration Commission.

After the admissibility of the case, the location of the contract and the location of the user unit changed without changing the jurisdiction of the labour personnel dispute arbitration.

The multiple labour personnel disputes arbitration committees have jurisdiction and are governed by the first-served committee of labour personnel disputes.

The dispute between the Labour Personnel Disputes Arbitration Commission was resolved by consultation between the parties; the consultations were incomplete and they were asked to designate their common superior human resources and the social security administration.

Article twenty-eighth cases of mergers, separations or changes in the unit of the agent are subject to the participation of the author of the obligation as a party in arbitration activities.

The licenses, the closure of the order, the withdrawal and the decision of the user's unit to disband, the hotel industry cannot assume the responsibility under the law and make the funds, start-up units or authorities a common party.

Article 29 allows the parties, the statutory agent to entrust one to two agents to participate in arbitration activities. The commissioner shall be entrusted to participate in arbitration activities and shall submit to the Labour Personnel Dispute Arbitration Commission the authorization entrusted by the author's signature or chapter, which shall contain matters and competence.

Article 33 Employers are entrusted with engaging in arbitration activities in addition to lawyers, grass-roots legal service workers, citizens other than close relatives, and citizen agents should submit identification certificates to the Labour Personnel Dispute Arbitration Commission or related evidence recommended by the worker's community, unit or social groups.

Citizens' agents shall not be charged to workers. The labour personnel disputes case agent shall not be involved in the risk agent.

In violation of paragraph 2, the Labour Personnel Dispute Arbitration Commission may remove its membership.

Article 33 Changes in the competence of the commissioner or removal of the agent shall be communicated in writing to the Labour Personnel Dispute Arbitration Commission and communicated to the parties by the Labour Personnel Dispute Arbitration Commission.

In article 32, more than 10 workers in labour personnel disputes and with common requests, workers should give up to five representatives to arbitration activities.

The evidence relied upon by the arbitral tribunal in the case of labour personnel disputes is that the parties' statements, documents, material evidence, audio-visual material, electronic data, witness statements, identification of opinions, survey kits.

The above evidence is valid and can be used as a basis for finding the facts.

The applicant's application to the Labour Personnel Dispute Arbitration Commission for arbitration should provide a preliminary evidence of the facts relating to its request.

Article XV of the Labour Personnel Dispute Arbitration Commission may authorize units such as the Social Insurance Agency to approve professional issues related to the fact of the case. The authorized units shall complete the matter of commission within 15 days of the date of receipt of the letter of entrustment; the letter shall be sent to the author of the communication due to the fact that it cannot be completed.

Article XVI. Labour personnel disputes apply for the application of the statute of limitation of arbitration under article 27 of the Law on Conciliation of Disputes.

The parties argued that the limitation of arbitration was interrupted and the suspension should bear the burden of proof on their claims.

Article 37 Cases of labour personnel disputes should be openly tried, but the parties' agreement does not openly deal with the State's secret, military secret, commercial secret and personal privacy.

Article 338 contains one of the following cases in which arbitrators should be avoided, and the parties have the right to make a waiver request:

(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;

(iv) Privately meet with the parties, agents or receive the parties, agents and guests.

The party's request for evasion should explain the reasons for providing the relevant proof material, which should be submitted by the end of the court debate, and the Labour Personnel Dispute Arbitration Commission shall make a timely decision to inform the parties orally or in writing.

Article 39 of the arbitral tribunal's ruling on the length of labour personnel disputes, which is carried out in accordance with article 43 of the Labour Dispute Conciliation Arbitration Act.

One of the following cases may be suspended during the calculation of arbitration, with the approval of the Director of the Labour Personnel Dispute Arbitration Commission:

(i) The parties cannot participate in the arbitration activity because of force majeure or other grounds;

(ii) Authorize other departments to investigate evidence;

(iii) Authorize social insurance agencies to approve professional issues;

(iv) The handling of cases requires waiting for work injury determination, labour capacity identification or judicial identification;

(v) Notice;

(vi) Other cases requiring suspension of the calculation of arbitration.

Article 40 is one of the following cases, and the end of the trial was approved by the Director of the Labour Personnel Dispute Arbitration Commission:

(i) The applicant has died as a natural person, has no close relatives or legal representative, or close relatives, statutory agents have waived the right to apply;

(ii) Personnel disputes involving economic interests, death by the applicant as a natural person, the absence of a legacy and the failure of those who should be obliged;

(iii) The failure of the arbitral tribunal to rule, and the parties disagreed with the continuation of the proceedings before the Arbitration Commission;

(iv) Other cases requiring the closure of the trial.

Article 40

(i) Objection to jurisdiction;

(ii) Does the need to avoid;

(iii) Suspension, closure or resumption of the proceedings;

(iv) Removal of inadmissible notices or cases;

(v) Removal and re- composition of the arbitral tribunal;

(vi) To grant a request for withdrawal of arbitration;

(vii) To supplement the letter of mediation, the decision sheet error;

(viii) Removal of arbitral awards and retrial;

(ix) No recognition of the effectiveness of mediation agreements by mediation organizations;

(x) Other matters to be resolved by arbitration.

Before applying for arbitration, the applicant shall, for reasons such as error of the applicant's subject and waiver of the application for arbitration, submit a written application to the Labour Personnel Dispute Arbitration Commission, the Labour Personnel Dispute Arbitration Commission shall grant it to withdraw the arbitration application.

The Labour Personnel Dispute Arbitration Commission has accepted the applicant's anti-application, and the applicant's withdrawal of the arbitration application does not affect the continued trial of the applicant's anti-request.

The arbitral tribunal shall deal with cases of labour personnel disputes before conciliation. The arbitral tribunal shall produce a letter of mediation in accordance with the content of the agreement.

Mediation agreements need to be assumed by third parties, and third parties should sign or resign.

Article 444 The Commission of Labour Personnel Disputes has not taken a decision within the statutory period, and whether the applicant has agreed to be admissible by the Labour Personnel Dispute Arbitration Commission. The applicant agreed that the Labour Personnel Dispute Arbitration Commission should be admissible; the applicant did not agree that the Labour Personnel Dispute Arbitration Commission should confirm the period of more than 5 days from the date of confirmation that the applicant could lodge a complaint before the People's Court within 15 days of the date of confirmation.

Article 42, the Labour Personnel Dispute Arbitration Commission did not rule on labour personnel disputes within a statutory period of time, and should be consulted in writing whether the parties agreed to continue their proceedings. The parties agreed that the Labour Personnel Dispute Arbitration Commission should continue to be heard; the parties did not agree to continue the proceedings and the Labour Personnel Dispute Arbitration Commission should take a final decision and the parties could bring proceedings before the People's Court within 15 days of receipt of the decision.

In accordance with article 46, paragraph (i), of the Labour Dispute Conciliation Arbitration Act, workers are subject to labour compensation, work injury medical expenses, economic compensation or compensation, and their arbitration requests involve a number of items and each amount determined by an arbitral award does not exceed the 12-month minimum wage for the local month, which is the final decision.

Article 47 shall be communicated in accordance with:

(i) Direct delivery;

(ii) Removal;

(iii) Authorization;

(iv) The mail is delivered.

The whereabouts of the person were unknown or the manner in which the provisions of the preceding paragraph were applied could be sent to the notice, which was considered to be delivered 60 days from the date of the announcement. The arbitration instrument uses a notice that can be sent to the provincial human resources and the social security administration website, while maintaining the corresponding web page records in the case file, indicating the reasons and the results.

The number of workers is more than 10 collective labour personnel disputes, and the manner in which the Labour Personnel Dispute Arbitration Commission applies the provision of paragraph 1 of this article cannot be sent to the user's unit, which may be published in the form of a notice. The announcement should be made available at the main operating place or at the office of the user unit, or at the residence of the statutory representative of the human unit, which is considered to be delivered since the post.

In accordance with article 48 of the Labour Personnel Dispute Arbitration Commission, which pre-implementation under article 44 of the Labour Dispute Conciliation Arbitration Act, the following materials shall be made available when the person is transferred to the territory of the implementing person or to the Supreme People's Court in the place of the property:

(i) Transfer of letters of implementation;

(ii) The application of the decision;

(iii) The delivery of the judgement is backed up.

Article 49 allows the Labour Personnel Dispute Arbitration Commission to apply a simple procedure for the clearness of rights obligations, the fact that it is clear, or other disputed cases with the consent of the parties, the appointment of one arbitrator to serve as a sole arbitrator and may be dealt with in a brief manner in court proceedings, case surveys, arbitration instruments, awarding.

Article 50 may apply to cases of labour personnel disputes consistent with the following conditions and other cases agreed by the parties:

(i) Workers who have committed labour personnel disputes within three persons;

(ii) The applicant's request for a single matter not exceeding 12 months of the minimum wage for the local month;

(iii) The rights of the parties are clear and applicable.

Article 50 applies to special summary proceedings, and the Labour Personnel Dispute Arbitration Commission may, on the date of receipt of an arbitration application, designate one arbitrator to deal exclusively with the appointment of one arbitrator, close within 15 days of the use of outside mediation or written hearings, in a manner that would allow the applicant to voluntarily withdraw the application for arbitration or enter into conciliation agreements. The period of arbitration was recalculated from the date on which it was transferred to the summary procedure by two mediations that had not resolved labour personnel disputes.

Article 52 is one of the following acts in arbitration by the parties and the persons concerned, and the Labour Personnel Dispute Arbitration Commission may criticize education, order change; criticism of the invalidity of education, which can be submitted to its units or authorities for the purpose of obtaining arbitration recommendations, units or departments that receive arbitration proposals; penalties for the administration of justice, which constitute violations of the administration of the law; and criminal liability 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 evidence;

(iii) The obligation to refrain from providing documentation, information and other material;

(iv) The use of arbitration activities to undermine the interests of States, the public interest of society or the legitimate rights of others;

(v) Counter reprisals against arbitration staff, arbitration agents, witnesses;

(vi) In breach of the arbitral tribunal's disciplinary or disruptive order;

(vii) Other acts under this approach.

Article 53 of the Labour Personnel Dispute Arbitration Commission found that the arbitral award that it had entered into force had one of the following cases and should be withdrawn. However, the arbitral awards that have entered into force for more than one year and the People's Court has accepted the application of an arbitral award by the parties:

(i) The application of laws, regulations is wrong;

(ii) Violations of statutory procedures which may affect the fair decision of the case;

(iii) Evidence based on the decision is forged;

(iv) The parties conceal evidence sufficient to influence fair decisions;

(v) The arbitrators are subject to bribes, favouring private fraud and arbitrary law decisions when the case is heard.

After the withdrawal of arbitral awards, the Labour Personnel Dispute Arbitration Commission shall, within 10 days of the date of the withdrawal, elect another arbitral tribunal to retrial the case and re-examine the period from the date of the withdrawal.

Chapter IV

Article 54 applies to the employment of foreigners, stateless persons, and persons living in the area of the administration of the province, in accordance with the law, and in the ports, ties of labour personnel with the user unit.

Article 55, “3 days” under this approach, refers to the working day. Matters relating to evidence, delivery and duration are governed by the relevant provisions of the Civil Procedure Act of the People's Republic of China.

Article 56 does not pay for labour personnel disputes. The arbitration requirements of the Labour Personnel Dispute Arbitration Chamber are budgeted and guaranteed by the same level of finance.

Article 57 The Modalities for Business Disputes in the Province of Susang Province, issued by the People's Government on 13 January 1995, and the Provisional Approach to Personnel Disputes in the Province of Susan Province on 7 December 2005.