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How to Execute Labor Arbitration: A Comprehensive Guide Based on Chinese Law

Introduction

Labor arbitration is a significant legal mechanism in China that provides employees and employers with a means to resolve workplace disputes without the need for costly and time-consuming litigation. Understanding the process of labor arbitration is crucial for both parties to protect their rights and achieve a fair resolution.

Scope of Labor Arbitration

According to the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, labor arbitration covers disputes arising from labor contracts, wages, insurance and welfare benefits, and working conditions. It excludes disputes related to collective bargaining, labor union establishment, and social security disputes.

Initiating Arbitration

To initiate labor arbitration, the aggrieved party must file an application with the local labor arbitration committee within 30 days of the occurrence of the dispute. The application should include the following information:

Name and address of the applicant Name and address of the respondent Specific details of the dispute, including the facts and legal grounds Evidence supporting the claims

Arbitration Process

The labor arbitration committee will conduct an investigation and attempt to mediate a settlement between the parties. If mediation fails, the committee will appoint an arbitration panel to hear the case. The panel will conduct a hearing, review evidence, and issue a legally binding arbitration award.

Arbitration Award

The arbitration award should be issued within two months from the date of the hearing. It should specify the reasons for the decision and the specific actions or remedies required of the parties. The award is final and binding upon both parties.

Enforcement of Arbitration Award

If either party fails to comply with the arbitration award, the other party may apply to the people's court to enforce it. The court will review the award and, if it is found to be valid and enforceable, will issue a judgment that compels compliance.

Judicial Review

Arbitration awards can be challenged in court within 15 days of their issuance on the following grounds:

Procedural irregularities Factual errors Violations of the law

Time Limits

Strict time limits apply to labor arbitration. The application must be filed within 30 days of the dispute arising, and the arbitration award must be issued within two months of the hearing.

Representation

Parties may be represented by attorneys or labor union officials during labor arbitration proceedings.

Fees

Arbitration fees are borne by the losing party. The amount of fees varies depending on the complexity and duration of the case.

Conclusion

Labor arbitration is an accessible and effective mechanism for resolving workplace disputes in China. By following the above steps, parties can navigate the process efficiently and ensure a fair and timely resolution. Compliance with arbitration awards is mandatory, and non-compliance can result in legal consequences. Understanding the legal framework and procedures governing labor arbitration empowers both employees and employers to protect their rights and maintain harmonious labor relations.