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Shaanxi Province Labor Dispute Mediation And Arbitration Methods

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

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Chapter I General

Article 1 deals with labour, personnel disputes in a fair and timely manner, in accordance with the Law on Conciliation of Disputes in the People's Republic of China (hereinafter referred to as the Mediation Arbitration Act), the Civil Service Act of the People's Republic of China (hereinafter referred to as the Civil Service Act) and the Chinese People's Liberation Army Civilians Regulations, and establishes this approach in conjunction with the practice of the province.

Article 2

(i) Interorganizations such as businesses, individual economic organizations, non-commercial units and workers, as well as disputes such as remuneration for work, medical expenses for work, economic compensation or compensation, in recognition of labour relations;

(ii) Disputes arising between the executive branch of the Civil Service Act and the civil service employed in the Civil Service Act, the organs (unitions) administered in the light of the Civil Service Act and the staff employed for the performance of the employment contract;

(iii) Removal of personnel relations between the cause unit and the staff as a result of de-listing, restatement, resignation, departure, and dispute over the implementation of the employment contract;

(iv) Removal of personnel relations between social groups and staff as a result of de-listing, resignation, departure, and disputes over the implementation of employment contracts;

(v) Disputes between military civilian recruitment units and civilian personnel for the performance of employment contracts;

(vi) Laws, regulations stipulate other disputes dealt with by the Labour Personnel Dispute Arbitration Commission.

Article III. Labour, personnel disputes should be dealt with in accordance with the facts and in accordance with the principles of legality, justice, timeliness and mediation, in order to protect the legitimate rights and interests of the parties in accordance with the law.

Article IV, the municipality of the province, the city of the district, the Government of the people of the district (community, area) has established the Labour Personnel Dispute Arbitration Commission under the law to deal with labour, personnel disputes within the jurisdiction. The Labour Personnel Dispute Arbitration Commission exercises the right to arbitration independently of the law.

The Labour Personnel Dispute Arbitration Commission is composed of representatives of the civil service authorities, representatives of the relevant executive branch, such as the Human Resources and Social Security Administration, representatives of the military and the civil service authorities, trade union representatives, and representatives of the unit. The composition of the Labour Personnel Dispute Arbitration Commission should be a single number.

The Labour Personnel Dispute Arbitration Commission established an office named the Labour Personnel Dispute Arbitration Chamber, which specifically assumes the daily work of the Labour Personnel Dispute Arbitration Commission. Staff, such as arbitrators, are regulated and equipped in accordance with national provisions.

The constituent units of the Labour Personnel Dispute Arbitration Commission may be assigned to a permanent member of an arbitrator to the Labour Personnel Dispute Arbitration Chamber and participate in dispute mediation activities.

Article 5

(i) Absorption, dismissal and dismissal of an arbitrator;

(ii) The admissibility of disputes;

(iii) Discussion of significant or suspected cases;

(iv) Oversight of arbitration activities.

Article 6. The Human Resources and Social Security Administration is responsible for guiding the mediation of labour personnel disputes in the current administrative region, organizing coordination of cross-regional or major labour personnel disputes, responsible for the management, training of arbitrators, etc.

Chapter II Mediation

Article 7. Medium-sized enterprises should be established by law by the Labour Dispute Conciliation Commission, with dedicated or part-time staff and provide the necessary office space, facilities and etc. Enterprises with subsidiaries, chambers and sub-groups may establish labour disputes conciliation committees based on the need for branches. The Commission on Labour Disputes in Central and Medium-sized Enterprises guides the labour disputes mediation efforts of the Labour Dispute Conciliation Commission. The Labour Dispute Conciliation Commission may establish mediation teams in accordance with the need to train, work and classes. Small businesses may establish labour disputes conciliation committees or co-exploited workers and businesses to conduct mediation efforts. The composition of the Labour Dispute Conciliation Commission is governed by article 10, paragraph 2, of the Mediation Arbitration Act.

The unit may establish a Labour Personnel Dispute Conciliation Commission, as required, responsible for mediation of labour, personnel disputes arising from this unit. The Labour Personnel Dispute Conciliation Commission consists of representatives of the cause unit and persons designated by the unit.

The Director of the Labour Personnel Dispute Conciliation Commission is a member of the trade union or is a member of the unitary employee. A relatively small number of business units may be created by a labour personnel dispute mediation team or by a labour personnel dispute mediator.

The Government of the commune (communes), the organization responsible for labour, personnel dispute mediation functions, and the prevention and mediation of labour, personnel disputes within the jurisdiction.

Mediators of the labour personnel dispute mediation organizations should be given legal knowledge, and public relations, contacts and adult citizens working in heat mediation.

Article 8. Mediation of Labour Personnel Disputes and Personnel Disputes should be guided by voluntary, equal and legitimate principles.

Article 9. After labour, personnel disputes arise, the parties may apply for mediation to the Labour Personnel Dispute Conciliation Commission of the user unit, or to the Government of the commune (communes), the disputed mediation organization established by the street office with a labour, personnel dispute mediation function, and the parties may apply for arbitration in accordance with the law within 15 days from the date of receipt by the Labour Personnel Dispute Mediation Organization of the request for mediation.

Mediation of labour, personnel disputes should be fully heard from the parties' statements of facts and grounds, patience and help them reach agreement.

Mediation agreements should be developed. The letter of mediation agreement is signed by the parties or by the parties, which shall be performed by the parties after the signature of the mediator and the incorporation of the chapter of the mediation organization. The parties may apply to arbitration in accordance with the law without the fulfilment of the mediation agreement within the agreed time frame.

Article 10 mediators perform mediation duties and require the occupation of production or working hours, and their units should be supported and treated in a normal manner.

Chapter III Arbitration

Article 11. The Labour Personnel Dispute Arbitration Commission shall be appointed by law as a full-time and part-time arbitrator.

Arbitral arbitrators and recorders should be uniformed in court proceedings, and the Arbitral Arguin.

The unit should be supported in the conduct of arbitration activities by part-time arbitrators.

Article 12 The composition of the arbitral tribunal is appointed by the Director of the Labour Personnel Dispute Arbitration Commission or by the Head of the Office of the Ombudsman.

A simple case of labour, personnel disputes may be held by an arbitrator alone. The following disputed cases should be dealt with by three arbitrators, with the establishment of the Chief arbitrators:

(i) More than 10 collective labour, personnel disputes;

(ii) Disputes that have a significant impact;

(iii) The Working Personnel Dispute Arbitration Commission considers that other cases before the arbitral tribunal should be constituted.

Article 13. Labour disputes are governed by the Labour Personnel Dispute Arbitration Commission, which is performed by the labour contract or at the location of the person's unit. Both parties apply for arbitration to the Labour Personnel Dispute Arbitration Commission at the place of the labour contract and the location of the agent's unit, under the jurisdiction of the Labour Personnel Dispute Arbitration Commission in the area of the performance of the contract.

Personnel disputes are governed by the relevant labour personnel dispute arbitration committee, in accordance with the competence to manage personnel.

The Provincial Commission of Labour Personnel Dispute Arbitration has received the following labour, personnel disputes:

(i) Labour, personnel disputes by State organs, utilities and social groups in the province;

(ii) Labour, personnel disputes over units at the military level;

(iii) Labour, personnel disputes arising from the acquisition of legal employment qualifications in foreign and port, in Macao, in the hands of a worker and the user unit.

In addition to the arbitration cases before the provincial Labour Personnel Dispute Arbitration Commission, other labour personnel disputes arbitration cases are admissible by the Labour Personnel Dispute Arbitration Commission in the municipalities and districts of the establishment area (market, area). The scope of cases of arbitration before the Commission of Labour Personnel Disputes (markets, zones) in the established area is determined by the municipalities and territories.

Article 14. After the occurrence of labour, personnel disputes, two or more labour personnel dispute arbitration committees have objections to the jurisdiction of the Commission and are resolved by their consultations; consultations are not exhaustive and should be submitted to the competent authorities of the Common High-level Commission on Labour Personnel Disputes.

Article 15. After the case before the Labour Personnel Dispute Arbitration Commission, the location of the person's unit changed and the jurisdiction no longer changed.

Article 16 provides for a period of limitation for labour personnel disputes for arbitration. During the period of limitation of arbitration, it was calculated from the date when the parties know or should know that their rights were violated. Constraints and suspensions are carried out in accordance with article 27 of the Conciliation Arbitration Act.

Although the labour relationship ended and should be submitted within one year from the date of the termination of the labour relations.

The Labour Personnel Dispute Arbitration Commission shall, after having received an application for arbitration, make a decision to be admissible or inadmissible within five 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 arbitration application to the applicant and to the arbitral tribunal within 5 days. The applicant may sue the People's Court on the matter of the dispute, either inadmissibility or inadmissibility of a decision.

Article 18 Labour, personnel disputes parties may commission one or two agents to participate in arbitration activities. The commissioner shall submit to the Labour Personnel Dispute Arbitration Commission a letter of entrustment signed by the commissionor or chapter, which shall expressly entrust matters and competence.

The parties who lost or partly lost their civil conduct capacity are represented by their statutory agents in arbitration activities and cannot be determined by the Labour Personnel Dispute Arbitration Commission as its designated agent.

Article 19 shall be submitted by the applicant within 10 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 proceedings.

Article 20 objects to the competence of the Commission of Labour Personnel Disputes concerning the admissibility of the case shall be submitted in writing prior to the expiration of the reply. After a review by the Labour Personnel Dispute Arbitration Commission of the jurisdictional objections of the parties, the objection was established and the case should be transferred to the competent labour personnel dispute arbitration committee; the objection was not established and the decision was rejected.

Article 21, the arbitral tribunal of the Labour Personnel Dispute Arbitration Commission shall notify the parties in writing of matters such as the time, location and place before the opening of the meeting. The parties requested that the extension of the session should be submitted in writing to the Labour Personnel Dispute Arbitration Commission, whether the extension was extended and decided upon by the Labour Personnel Dispute Arbitration Commission after its review.

The applicant has received a written notice of the opening of the session without justification for refusing to leave the court or, without the consent of the arbitral tribunal, the Labour Personnel Dispute Arbitration Commission may be considered as the applicant's withdrawal of the arbitration application.

The applicant has received a written notice of the opening of the session, which may be decided in absentia without the justification for refusing to leave the court or without the consent of the arbitral tribunal.

Article 22 contains one of the following cases, and should be avoided:

(i) The immediate party or the party, the agent's close relatives;

(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;

(v) Other possibilities may affect fair decisions.

The parties have the right to make a waiver request for arbitrators.

The Commission of Labour Personnel Disputes Arbitration shall make a timely decision on the application for the avoidance of an arbitrator or the party concerned, and shall notify the arbitrator or the party that has made a request for avoidance.

In the course of the proceedings, the arbitrator shall hear the applicant's presentation and the respondent of the applicant, preside over the court investigation, evidence and debate, consult the parties' final observations and conduct mediation.

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. The arbitral tribunal considered that the application was justified or necessary and could not be completed, but that application should be recorded.

Article 25. The arbitral tribunal shall hear cases of labour personnel disputes and shall be held in specialized premises and, if necessary, may establish temporary arbitration places. Arbitral places should be used in the arbitration emblem, posting the arbitral tribunal's discipline and equipping the necessary equipment.

Article 26 The parties to the labour personnel dispute have the responsibility to provide evidence on their claims. Evidence relating to matters of controversy is governed by the hands-on unit, which should be made available by the user's unit; the use of a person's unit does not offer and should have adverse consequences.

The relevant evidence relating to labour personnel disputes is administered by an administrative body other than the parties to the dispute or by a unit of the cause responsible for the management of the functions of the public affairs, and the parties may request the Labour Personnel Dispute Arbitration Commission to collect evidence to the relevant units. When the Labour Personnel Dispute Arbitration Commission collects evidence to the relevant units, the relevant units should be synchronized.

In arbitral proceedings, the arbitral tribunal considered the need for identification of a specialized issue and could be referred to an expert body agreed by the parties and the parties were not agreed or unable to reach an agreement, and the legal accreditation body designated by the arbitral tribunal.

Article 28 should be preceded by mediation by the arbitral tribunal.

The arbitral tribunal shall produce a letter of mediation. The letter of mediation should indicate the outcome of the arbitration request and the parties' agreement. The letter of mediation was signed by an arbitrator and was added to the chapter of the Gai Commission for the Arbitration of Labour Personnel Disputes to the parties. The letter of mediation, which was signed by the parties, has legal effect.

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 29 may be resolved by the parties upon application of arbitration. The parties have reached a conciliation agreement that may withdraw the arbitration application or may request the arbitral tribunal to produce a letter of mediation in accordance with the law of the conciliation agreement.

Article 33 of the Arbitration Tribunal ruled on cases of labour, personnel disputes and applied the provisions of article 43 of the Mediation Arbitration Act. The parties may sue the People's Court on the matter of labour, personnel disputes that have not been carried out by arbitral awards.

In cases where the parties had sued the People's Court because of the late failure of the arbitral tribunal, the Labour Personnel Dispute Arbitration Commission should rule that the case should be terminated; the parties had not brought proceedings before the People's Court on the matter and the parties agreed to continue the arbitration, the Labour Personnel Dispute Arbitration Commission could continue to deal with and adjudicate.

Article 31 ruled that the judgement should be based on the views of the majority of arbitrators. The different views of a few arbitrators should be recorded in a note. In the absence of a majority of opinions, the decision shall be made in accordance with the advice of the Chief arbitrators, which may be signed or signed by arbitrators with different views on the decision.

Article 32 of the Arbitration Tribunal may refer to the Commission of Arbitration of Labour Personnel Disputes to cases of serious or suspected difficulties.

The decision shall be made after the arbitral tribunal decides. The ruling shall contain the request for arbitration, the facts of controversy, the reasons for the decision, the outcome of the decision, the right to relief of the parties and the date of the decision.

The decision was signed by an arbitrator and was signed by the Gai Commission for the Arbitration of Labour Personnel Disputes and sent to both parties.

The letter of awards was delivered in accordance with the relevant provisions of the Civil Procedure Act of the People's Republic of China.

Article 34 quantification of the arbitral award by the parties in cases of labour personnel disputes other than article 47 of the Conciliation Arbitration Act may be brought before the People's Court within 15 days of the date of receipt of the decision. The ruling is legal.

The parties may apply for relief in accordance with article 48 and article 49 of the Conciliation Arbitration Act.

The arbitrator may not have the following acts:

(i) Instruction and favour the parties;

(ii) Abuse of powers and violations of the legitimate rights and interests of the parties;

(iii) The use of the power to gain private gain for themselves or others;

(iv) Concluding evidence or falsifying evidence;

(v) Individually meet with the parties or agents to accept the guest of the party or agent;

(vi) The intentional delay in the conduct of the proceedings, the injuring of the job;

(vii) Oriental disclosure of cases;

(viii) To serve as an agent for arbitration cases during his tenure;

(ix) Other offences.

Article 36 records should objectively record the trial of the case court, without intentional change to the court records, and should not disclose matters of confidentiality in the course of the proceedings to the parties.

Chapter IV Legal responsibility

Article 37 arbitrators have the circumstances under article 335 of this approach, and the Labour Personnel Dispute Arbitration Commission has given criticism, such as education, dismissal, etc.; the unit of arbitrators may also be disposed of in accordance with the relevant provisions of the State; and constitutes a crime punishable by law.

Article 338, in violation of article 36 of this approach, is dealt with in the light of article 37 of this approach.

Chapter V

Article 39 does not pay for labour personnel disputes arbitration.

The arbitration guarantees of the Labour Personnel Dispute Arbitration Commission are carried out in accordance with article 53 of the Conciliation Arbitration Act, and specific matters are regulated by other departments such as the Ministry's Human Resources Administration's Finance.

Article 40 The Modalities for the handling of labour disputes in the provinces of Chungi, issued on 28 August 1995 by the People's Government of the province (No. 21 of the Order of the People's Government of the Province, No. 103 of 13 September 2004) were also repealed.