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Arbitration of Labor Relations in China: How to Complete the Employer's Form

In China, arbitration is a common method for resolving labor disputes. It is a formal process that involves the submission of a complaint and supporting documents to an arbitration commission. The arbitration commission then conducts a hearing and issues a decision that is binding on both parties.

If an employee wants to file a labor arbitration claim, they must first complete a complaint form. The complaint form must contain certain information, including:

The name and address of the employee and the employer A brief description of the dispute The specific legal provisions that the employee believes have been violated The relief that the employee is seeking

Once the complaint form is complete, it must be submitted to the local arbitration commission. The arbitration commission will then schedule a hearing and notify the parties of the date and time.

At the hearing, the employee and the employer will have the opportunity to present their case. They can do this by submitting evidence, calling witnesses, and making arguments. The arbitration commission will then consider all of the evidence and make a decision.

The decision of the arbitration commission is final and binding on both parties. However, there is a limited right to appeal the decision to a higher court.

How to Complete the Employer's Form

If an employer is facing a labor arbitration claim, they will need to complete an employer's form. The employer's form is similar to the employee's complaint form, but it contains some additional information.

In addition to the information required on the employee's complaint form, the employer's form must also include:

The employer's business registration number The employer's tax registration number The number of employees that the employer has A list of the collective bargaining agreements that the employer is a party to

The employer's form must be submitted to the arbitration commission within a certain number of days after the employee's complaint form is submitted. The number of days varies depending on the jurisdiction.

Importance of Completing the Forms Correctly

It is important to complete the arbitration forms correctly. If the forms are not completed correctly, the arbitration commission may dismiss the claim or delay the hearing.

Employees and employers should seek legal advice if they are unsure about how to complete the forms.

Conclusion

Arbitration is a common method for resolving labor disputes in China. Employees and employers who are involved in a labor dispute should be aware of the arbitration process and how to complete the necessary forms.

By completing the forms correctly, employees and employers can ensure that their claims are processed smoothly and efficiently.