法诠网

Arbitration Announcements in Labor Disputes Under Chinese Law

Labor arbitration plays a crucial role in resolving employment disputes in China. According to the Labor Contract Law and the Labor Disputes Mediation and Arbitration Law, all labor disputes must go through arbitration procedures before being submitted to court. Arbitration announcements are key documents that initiate the arbitration process.

Format and Content of Arbitration Announcements

Arbitration announcements must contain the following information:

Name and address of the applicant (employee or employer) Name and address of the respondent (employer or employee) Brief description of the labor dispute Request for arbitration Date and signature of the applicant

Filing Procedures

In China, labor disputes are handled by local arbitration commissions. To file an arbitration announcement, the applicant must submit it to the arbitration commission with jurisdiction over the place where the labor contract was concluded or the workplace is located. The announcement can be submitted by mail, in person, or online through the arbitration commission's website.

Time Limits

Employees have 60 days from the date of receiving a termination notice or a decision on a labor dispute to file an arbitration announcement. Employers have 30 days from the date of receiving an employee's arbitration announcement to respond.

Acknowledgement of Receipt

The arbitration commission will acknowledge receipt of the arbitration announcement within 5 working days. The commission will review the announcement and notify the applicant and respondent of the date and time of the arbitration hearing.

Service of Arbitration Announcement

The applicant is responsible for serving the arbitration announcement on the respondent within 5 working days of receiving the acknowledgement of receipt. Failure to serve the announcement promptly may result in the dismissal of the arbitration request.

Arbitration Panel

An arbitration panel is composed of one arbitrator appointed by the arbitration commission, one arbitrator appointed by the applicant, and one arbitrator appointed by the respondent. If the parties cannot agree on an arbitrator, the arbitration commission will appoint all three arbitrators.

Arbitration Hearing

The arbitration hearing is usually held within 15 days of the formation of the arbitration panel. The parties present their evidence and arguments, and the panel conducts an investigation. The arbitration panel can also issue subpoenas and order the production of documents or other evidence.

Arbitration Award

After the arbitration hearing, the panel issues an arbitration award within 60 days. The award is final and binding on both parties, and it can be enforced through the courts.

Exceptions to Arbitration

Certain labor disputes are not subject to arbitration, including:

Disputes involving national security or public interest Disputes over the validity of labor contracts concluded between minors Disputes over social insurance or housing provident funds

In such cases, disputes can be directly filed with a court.

Enforcement of Arbitration Awards

Arbitration awards can be enforced through the courts. The party seeking enforcement must apply to the court for a writ of execution. The court will then order the losing party to comply with the award or face legal consequences.

In conclusion, arbitration announcements play a vital role in initiating the labor arbitration process in China. By adhering to the prescribed format and procedures, parties can effectively resolve employment disputes and ensure the protection of their rights.