法诠网

How to Verify the Authenticity of a Labor Arbitration Award

Introduction

A labor arbitration award is a binding decision issued by an arbitrator in a labor dispute. In China, labor arbitration is a mandatory step before filing a lawsuit for certain types of labor disputes. As such, it is critical for individuals and employers to be able to verify the authenticity of a labor arbitration award.

Legal Framework

The Labor Arbitration Law of the People's Republic of China (the "Law") provides for the legal framework governing labor arbitration awards. Article 47 of the Law states that an arbitration award shall be made in writing, signed by the arbitrators, and sealed with the seal of the arbitration commission. The award must also include the following information:

The names and addresses of the parties to the dispute The facts of the case The reasons for the award The decision of the arbitration commission

Verification Process

There are several ways to verify the authenticity of a labor arbitration award:

1. Physical Examination

Examine the physical appearance of the award to ensure that it meets the legal requirements outlined in Article 47 of the Law. Check the signatures of the arbitrators and the official seal of the arbitration commission. Verify the paper quality and printing to ensure it is consistent with official documents.

2. Online Verification

Visit the website of the arbitration commission that issued the award. Look for a section or database where arbitration awards are published. Search for the award by its case number or party names. If the award is found online, compare its details with the physical copy to ensure they match.

3. Contact the Arbitration Commission

Contact the arbitration commission that issued the award by phone, email, or in person. Inquire about the authenticity of the award and provide the case number or other identifying information. The arbitration commission can confirm whether the award is genuine.

4. Seek Legal Assistance

If you have any doubts about the authenticity of a labor arbitration award, consider seeking legal assistance. A lawyer can assist in verifying the award, interpreting its contents, and advising you on your rights and options.

Consequences of False Arbitration Awards

If a labor arbitration award is found to be false, it may have serious consequences, including:

Invalidity of the award and potential dismissal of any lawsuit based on it. Criminal liability for forgery or fraud. Reputational damage to the arbitration commission and the parties involved.

Conclusion

Verifying the authenticity of a labor arbitration award is crucial to ensure its validity and enforceability. By following the steps outlined in this article, individuals and employers can ensure that the award they are presented with is genuine and in accordance with Chinese law.