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How to File a Labor Arbitration Application via Email in China

Introduction

Labor arbitration is a legal procedure in China designed to resolve disputes between employees and employers. As an employee in China, you may need to file a labor arbitration application if you have an unresolved issue with your employer. This article provides a comprehensive guide on how to file a labor arbitration application via email in accordance with Chinese law.

Legal Basis

The Labor Dispute Mediation and Arbitration Law of the People's Republic of China (hereinafter referred to as the "Labor Arbitration Law") stipulates that labor arbitration applications can be sent by mail or other means in writing. Email has become a widely accepted channel for submitting labor arbitration applications in China.

Requirements

To ensure that your labor arbitration application is successfully submitted, it must meet the following requirements:

Timeliness: The application must be filed within 60 days from the date of termination of the labor contract or from the date of violation of the law (e.g., unpaid wages). Content: The application must clearly state the following information: Name, address, contact information of the applicant Name, address of the respondent (employer) Specific arbitration requests Basis for the requests (legal provisions or facts) Evidence supporting the requests Format: The application should be submitted in a written format, either as a scanned copy of a physical document or an electronic document created using word processing software.

How to File via Email

To file a labor arbitration application via email, follow these steps:

1. Prepare the Application: Draft your application according to the requirements outlined above. 2. Find the Email Address of the Labor Arbitration Committee: The email address of the labor arbitration committee can usually be found on the official website of the local Bureau of Human Resources and Social Security. 3. Attach Supporting Documents: Scan and attach all relevant evidence supporting your requests, such as copies of your labor contract, termination notice, or unpaid salary slips. 4. Send the Email: Compose an email with a clear subject line indicating that it is a labor arbitration application. Attach the application and any supporting documents. 5. Keep a Record: Keep a copy of your email and any attachments for your reference.

Tips for Writing an Email

Be clear and concise: State your arbitration requests and the basis for your requests in a straightforward and organized manner. Use evidence to support your claims: Provide specific examples, documents, or other evidence to support your allegations. Be polite and respectful: Even though you may be in conflict with your employer, it is important to maintain a professional tone in your email. Follow up: If you do not receive a response within a reasonable period, follow up with the labor arbitration committee by phone or email.

Conclusion

Filing a labor arbitration application via email can be a convenient and efficient way to resolve labor disputes in China. By following the requirements and procedures outlined in this article, you can ensure that your application is successfully submitted and processed in a timely manner.