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How to File a Lawsuit as a Defendant in a Labor Arbitration in China

Introduction

Labor arbitration is a legal process in China that provides a means for resolving disputes between employers and employees over labor-related matters. In arbitration proceedings, the employee typically files a complaint against their employer, while the employer is the defendant. However, in certain circumstances, the employer may also choose to file a lawsuit against the employee in response to the arbitration claim.

Legal Basis

The right of the defendant in a labor arbitration to file a lawsuit is provided for under Article 81 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China. This article states that if the defendant believes that the arbitration award violates the law or is clearly inappropriate, they may file a lawsuit with the people's court within 15 days of receiving the award.

Grounds for Filing a Lawsuit

The defendant may file a lawsuit based on the following grounds:

The arbitration award violates the law or regulations. The arbitration award is clearly inappropriate, such as being based on fabricated evidence or illegal procedures. The arbitration tribunal exceeded its authority or made an award that is impossible or difficult to perform.

Procedure for Filing a Lawsuit

To file a lawsuit, the defendant must submit a complaint to the people's court with jurisdiction over the matter. The complaint should include the following information:

The name and address of the defendant The name and address of the plaintiff (employee) A brief description of the dispute The specific grounds for challenging the arbitration award The requested relief, such as annulment or modification of the award

Evidence

The defendant should provide evidence to support the grounds for their lawsuit. This may include:

A copy of the arbitration award Evidence demonstrating that the award violates the law or is clearly inappropriate Depositions or witness statements Documents or other materials supporting their claims

Time Limits

The defendant must file their lawsuit within 15 days of receiving the arbitration award. Failure to do so will result in the award becoming final and binding.

Consequences of Filing a Lawsuit

If the defendant successfully challenges the arbitration award, the court may annul or modify the award. The court may also remand the case back to the arbitration tribunal for further proceedings.

Advantages of Filing a Lawsuit

Filing a lawsuit may be advantageous for the defendant in the following situations:

The defendant has strong evidence that the arbitration award violated the law or is clearly inappropriate. The defendant believes that the arbitration tribunal was biased or made errors of fact or law. The defendant believes that the arbitration award is not enforceable or would result in significant financial or reputational harm.

Disadvantages of Filing a Lawsuit

Filing a lawsuit may also have some disadvantages:

It is a time-consuming and expensive process. The court may not agree with the defendant's arguments and may uphold the arbitration award. The lawsuit may further damage the relationship between the employer and employee.

Conclusion

The right of the defendant in a labor arbitration to file a lawsuit is an important safeguard to ensure that arbitration awards are fair and just. Employers should carefully consider their options and weigh the potential benefits and risks before deciding whether to file a lawsuit.