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## Application for Labor Arbitration in China

Introduction

Labor arbitration is a procedure established under Chinese law that allows employees to resolve disputes with their employers through a neutral third party. It is an alternative to the traditional court system and offers a more expeditious and less formal process for settling labor disputes. This article provides a comprehensive guide to the application process for labor arbitration in China.

Eligibility

Individuals eligible to file for labor arbitration include:

Employees who have an employment relationship with an employer Former employees within one year of termination Trade unions representing workers

Disputes Subject to Arbitration

Labor arbitration covers a wide range of disputes, including:

Unlawful termination of employment Wage disputes Social insurance benefits disputes Discrimination in employment Breach of employment contracts Health and safety issues

Application Procedure

To initiate the labor arbitration process, an applicant must submit an application form to the local labor arbitration committee. The following steps outline the application process:

1. Prepare the Application Form: The application form typically includes the following information:

Applicant's personal details Employer's name and address Nature of the dispute Facts supporting the claim Evidence and documents Requested relief

2. Submit the Application: The application form should be submitted to the labor arbitration committee in the district where the employer's main office is located.

3. Service on the Employer: The committee will serve a copy of the application on the employer.

4. Mediation Attempt: The committee will attempt to mediate a resolution between the applicant and the employer.

5. Arbitration Hearing: If mediation is unsuccessful, the committee will schedule an arbitration hearing.

6. Arbitration Decision: The arbitration committee will issue a decision within 60 days of the hearing.

Evidence and Supporting Documents

When filing an application for labor arbitration, it is essential to provide evidence to support the claim. This may include:

Employment contract Paystubs Performance evaluations Witness statements Emails or other correspondence Medical records

Legal Assistance

It is advisable to seek legal assistance when applying for labor arbitration. An attorney can help prepare the application, represent the applicant in mediation and arbitration hearings, and ensure the applicant's rights are protected throughout the process.

Time Limits

Labor arbitration applications must be filed within 60 days from the date of the disputed act or event. Failure to submit the application within this period may result in the dismissal of the claim.

Conclusion

Labor arbitration provides a valuable mechanism for employees to resolve disputes with their employers in China. By following the application procedure outlined above, individuals can effectively access this process and seek a just and expeditious resolution of labor-related issues.