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Dismissal and Labor Arbitration in China

When an employee is dismissed in China, the employee may have the right to file a labor arbitration claim with the local labor arbitration committee. Arbitration is a form of alternative dispute resolution that is typically less formal and less expensive than litigation in court.

Eligibility for Labor Arbitration

In order to be eligible to file a labor arbitration claim, the employee must have been:

Dismissed without just cause Unfairly treated in terms of pay, benefits, or working conditions Subjected to discrimination or harassment

Time Limits for Filing

The employee must file the labor arbitration claim within 60 days of the date of dismissal. This time limit can be extended in certain circumstances, such as if the employee was out of the country or was unable to file the claim due to illness.

Procedure for Filing a Claim

To file a labor arbitration claim, the employee should submit the following documents to the local labor arbitration committee:

A written complaint outlining the grounds for the claim Evidence to support the claim, such as a termination letter, pay stubs, or witness statements A copy of the employee's identification card

Arbitration Process

Once the claim is filed, the labor arbitration committee will appoint an arbitrator to hear the case. The arbitrator will hold a hearing at which both the employee and the employer will have the opportunity to present their evidence and arguments. The arbitrator will then issue a decision, which is typically binding on both parties.

Enforcement of Arbitration Decisions

If the arbitrator rules in favor of the employee, the employer is required to comply with the decision. If the employer fails to comply, the employee can file a petition with the local court to enforce the decision.

Appeals

Either party can appeal the arbitrator's decision to the local court within 15 days of the issuance of the decision. The court will then review the decision and issue a final judgment.

Legal Advice

It is always advisable to seek legal advice from a qualified labor lawyer if you are considering filing a labor arbitration claim. An attorney can help you to determine if you have a valid claim, prepare your paperwork, and represent you at the arbitration hearing.

Conclusion

Labor arbitration is an important legal right for employees in China. If you have been dismissed without just cause or have been treated unfairly by your employer, you may be able to file a labor arbitration claim. It is important to act quickly and to seek legal advice if you are considering filing a claim.