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Labor Arbitration in China: A Comprehensive Guide to Filing a Claim

Introduction

Labor arbitration is a dispute resolution mechanism in China that provides employees with a legal avenue to address grievances against their employers. Arbitration panels, composed of representatives from both sides and a neutral chairperson, are established to hear and adjudicate these disputes. This article provides a comprehensive guide to filing a labor arbitration claim in China.

Eligibility

To be eligible for labor arbitration, the dispute must arise from an employment relationship and fall within specific grounds set forth in Article 7 of the Labor Dispute Mediation and Arbitration Law. These grounds include:

Disputes over the validity, termination, or alteration of employment contracts Disputes over wages, bonuses, and benefits Disputes over working conditions, safety, and health Discrimination or harassment based on protected characteristics

Procedure

1. Application

To initiate an arbitration proceeding, the employee must file an application with the local labor arbitration committee. The application must include:

The applicant's name, address, and contact information The respondent's name, address, and contact information A clear statement of the dispute, including the specific grounds Relevant evidence supporting the claims

2. Arbitration Panel Formation

Once the application is accepted, an arbitration panel will be formed. The panel typically consists of three members: one representative from the applicant's side, one representative from the respondent's side, and a neutral chairperson appointed by the labor arbitration committee.

3. Hearing

Both parties will be notified of the hearing date and time. During the hearing, they will present their arguments and evidence before the arbitration panel. The proceedings are usually informal but may involve cross-examination of witnesses.

4. Decision

The arbitration panel will issue a written decision within 60 days from the date of the hearing. The decision is binding on both parties and may grant remedies such as reinstatement, compensation, or termination of the employment contract.

5. Appeal

If either party disagrees with the arbitration decision, they have the right to appeal to the intermediate people's court within 15 days from the date of receipt of the decision.

Evidence

To support their claims, employees should gather relevant evidence, such as:

Employment contracts Pay stubs Performance evaluations Correspondence with the employer Witness statements

Legal Assistance

Employees may seek legal assistance from labor law attorneys or trade unions to navigate the arbitration process. Attorneys can provide advice on the eligibility of claims, draft applications, prepare for hearings, and represent clients before the arbitration panel.

Time Limits

Employees have a strict time limit to file a labor arbitration claim. In most cases, the claim must be filed within 60 days from the date of the alleged violation or dispute. Delay may result in the dismissal of the claim.

Conclusion

Labor arbitration provides employees in China with a legal mechanism to protect their employment rights. By following the procedures outlined in this guide, employees can effectively file a labor arbitration claim and seek resolution of disputes with their employers. It is important to act promptly, gather evidence, and consider seeking legal assistance to maximize the chances of a successful outcome.