Key Benefits:
(Adopted by the 21st ordinary meeting of the People's Government of Chungi Province, 2004 No. 103 of 13 September 2004 by the People's Government Order No. 103 of 13 September 2004 and issued effective 1 November 2004) Chapter I General Article 1 provides for fair and timely processing of personnel disputes, guarantees the legitimate rights and interests of the parties to the dispute, preserves the normal work order and develops this approach in accordance with the province's practice. Article II applies to personnel disputes arising from the establishment, change, removal, etc. of personnel relations between the territorial units within the province and their staff, as well as other personnel disputes to be arbitration in accordance with the relevant provisions of the State and the province. Labour disputes between the cause unit and the worker of this unit are implemented in accordance with the State Department's Business Dispute Settlement Regulations. Article 3. Equal status of parties in personnel disputes arbitration and the application of laws, regulations and regulations. Article IV Personnel disputes should be addressed in a timely, equitable and reasonable manner. Chapter II Article 5 establishes the Commission on Personnel Dispute Arbitration (hereinafter referred to as the Arbitration Commission) in the provinces, municipalities, districts and districts, respectively, responsible for the admissibility and processing of personnel disputes within the jurisdiction. The superior arbitration committee conducts operational guidance and oversight. Article 6. The Arbitration Commission consists of a Director, a Deputy Director and a number of members. The Director of the Arbitration Commission is headed by the Head of the Personnel Administration of the People's Government at this level, with the Deputy Director, a member appointed by the relevant departments, heads of units, expert scholars. The composition of the Arbitration Commission should be a single. Article 7. The Office of the Arbitration Commission is based on the personnel administration of the Government at this level, responsible for the day-to-day work of cases of admissibility, arbitral tribunal organizations, arbitration instruments, archives management, arbitration charges. Article 8. The Arbitration Commission deals with cases of personnel dispute arbitration and imposes the arbitral tribunal regime. Article 9. The Arbitration Commission may hire agents, expert scholars and lawyers of government offices to serve as arbitrators. The unit should be supported when the arbitrator conducts arbitration activities. Chapter III Article 10 (i) Personnel dispute cases arising from the territorial unit of the province; (ii) Personnel disputes arising from the central headquarters unit; (iii) Personnel disputes that have significant implications throughout the province. Article 11, Municipal, District and District Arbitration Commission, in accordance with the terms of personnel management, is responsible for the administration of cases of personnel disputes arising from the enterprise units in this administrative area. Article 12 Cases under the jurisdiction of the Provincial Arbitration Commission may be entrusted to arbitration by the Municipal, District and District Arbitration Commission. The Municipal, District and District Arbitration Commission may apply for arbitration of major personnel disputes cases by the superior arbitration committee. Chapter IV Article 13. The unit of the cause and its staff may serve as a party to the personnel dispute case. The business unit is a legal person, with the participation of a legal representative in arbitration activities; it is an organization of the illegal person, with the participation of its main head in arbitration activities. In the course of arbitration, the statutory representative or the principal head of the unit should be replaced by the new statutory representative or the principal responsible for continuing to participate in arbitration activities. Article 14. Staff of the cause unit of the party shall be entitled to participate in the arbitration activities by their legal agents, in the absence of a civil act capacity, limitation of civilian conduct capacity or death. No statutory agent was appointed by the Arbitration Commission. Article 15. The parties may entrust between 1 and 2 persons to participate in arbitration activities. The commission of an act of the other person must be submitted to the Arbitration Commission for the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commissionor's signature or chapter. The letter of commission should clarify the matter and the terms of reference. Article 16, which is a party's business unit, is subject to arbitration and, more than three, should be recommended to participate in arbitration activities. The number of representatives is determined by the Arbitration Commission. Article 17 is a third party in the interest of personnel disputes and may participate in arbitral proceedings upon application and upon permission, or directly by the Arbitration Committee. Chapter V Article 18 parties shall apply in writing to the Arbitration Commission within 60 days of the dispute. The parties shall be admissible as a result of force majeure or other justifications for a limitation of arbitration. Article 19 After having received an arbitration application, the Arbitration Commission shall take a decision to be admissible or inadmissible within 15 days. The decision to be inadmissible shall be communicated in writing to the parties and to the reasons for it; the decision shall be taken to send a copy of the application for arbitration to the applicant and to the arbitral tribunal within 7 days. The arbitral tribunal 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 considered by the Arbitration Commission alone. Article 20 shall be submitted by the applicant within 15 days of receipt of a copy of the application for arbitration and the relevant evidence. The applicant has not submitted his letter of reply on time or does not affect the conduct of the arbitration proceedings. The applicant may waive or change the request for arbitration and the applicant has the right to submit a counter-claim. Article 21 deals with personnel disputes by the arbitral tribunal. 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, which is composed of members of the arbitral tribunal, plus the arbitration committee. The letter of mediation, which was signed by the parties, was valid; the mediation had not reached an agreement or the parties had signed a letter of mediation, and the arbitral tribunal should conduct arbitration in a timely manner. The arbitration should be held. The parties' agreement does not sit and may be in writing. Article 23 decides that the arbitral tribunal shall notify the parties in writing of matters such as the time, place and place of the opening of the session by 5 p.m. The applicant may be deemed to have withdrawn the application of arbitration by written notification that there is no justification for the court or for the transfer of the court 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 24 should provide evidence of their claims. The evidence can be used as a basis for the decision only if it is validated by the court. The Arbitration Commission has the right to access the relevant units to the archives, information and other supporting material relating to the case and to investigate the author and the relevant units and individuals are not denied. The secret and personal privacy of the Arbitration Commission and its staff in the personnel dispute cases should be confidential. Article 25 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 26 The arbitral tribunal shall refer the proceedings to a notice. 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 27 should be made in accordance with the views of the majority of arbitrators, and the different views of a few arbitrators may be recorded in a note. The arbitral tribunal may not form the majority of views, and the decision shall be made in accordance with the advice of the Chief arbitrator. Article 28 may be submitted to the Arbitration Commission for its discussion of the decision in cases of major or suspected personnel disputes. The decision of the Arbitration Commission shall be carried out by the arbitral tribunal. Article 29 deals with personnel disputes by the arbitral tribunal and shall normally be closed within 60 days of the date of the composition of the arbitral tribunal. The complexity of the merits requires extensions, which, with the approval of the Arbitration Commission, may be extended appropriately, but the extension period should not exceed 30 days. The arbitral award shall be produced after the arbitral tribunal decides that the decision shall be delivered to both parties within 5 days. 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 made by a member of the arbitral tribunal and by a seal of the arbitration board. The letter of awards is valid. Article 31 provides 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 proceedings of arbitration in breach of the procedure; (ii) Evidence based on arbitration is forged; (iii) The concealment by the parties of evidence sufficient to affect fair rulings; (iv) Arbitral arbitrators are subject to bribery, provocative fraud and arbitrariness in arbitration activities; (v) The arbitrators should be avoided without evasion and should not rule the case fairly. The Arbitration Commission shall consist of another arbitral tribunal, subject to review, of one of the pre-conditional provisions. The review did not affect the implementation of the decision. Article 32 is inconsistency with arbitral awards, which may be prosecuted by law to the People's Court within 15 days of the date of receipt of the decision. Article 33 may send a notice of implementation and inform the relevant units to assist in the implementation of a letter of mediation or judgement that the parties are not in a position to do so. The parties may also apply to the People's Court for enforcement. In one of the following cases, the arbitrators shall apply for themselves to avoid, or the party or its agent shall be entitled to apply, either orally or in writing, for the avoidance of an arbitrator: (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 Committee shall decide on a timely basis and inform the parties. The Director of the Arbitration Commission found that there was a mistake in the Commission's ruling on effectiveness and that the need for re-exploitation should be submitted to the Arbitration Commission for its discussion. The Arbitration Commission decided that the arbitration should be re-interrupted and that the arbitral tribunal should be dealt with separately. The superior arbitration commission found that the lower arbitration commission had been in force with misconceptions, and could be tasked with reviewing the lower arbitration commission. Chapter VI Corporal punishment Article XVI contains one of the following acts in the course of arbitration, which may be criticized by the Arbitration Commission for the reform of education, accountability and corrections, in violation of the People's Republic of China Regulations on the Safety and Security of the People's Republic of China, to be punished by the public security authorities, and in the case of alleged crimes, to be transferred to the judiciary by 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 37 Arbitral arbitrators and other arbitration staff are in favour of private fraud, bribery, extortion, abuse of authority, violations of the legitimate rights of the parties, and are dismissed by the Arbitration Commission and granted administrative disposition by their authorities or by the inspectorate; suspected crimes are transferred to the judicial body. Chapter VII Article 338 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 set up by the provincial Government's price administration with the personnel, financial administration. Article 39 of the provincial Commission on Personnel Disputes may establish the rules for the conduct of cases and the management of arbitrators in accordance with this approach. Article 40 |
