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How to Inquire About a Labor Arbitration in China

In China, labor disputes are typically resolved through labor arbitration followed by litigation if necessary. Labor arbitration is a process where independent arbitrators attempt to mediate and resolve disputes between employers and employees.

Eligibility for Labor Arbitration

To be eligible for labor arbitration, the following conditions must be met:

The dispute must concern labor rights or labor relations. The parties involved must be an employer and an employee. The dispute must have occurred within the jurisdiction of the arbitration committee.

Procedure for Labor Arbitration

1. Application: The employee or employer must file an application with the competent labor arbitration committee within 60 days from the date the dispute arose. The application should include the following information:

Names and addresses of the parties Facts and grounds of the dispute Evidence to support the claims Relief sought

2. Acceptance and Notification: The arbitration committee will review the application and decide whether to accept it. If accepted, the committee will notify the parties of the hearing date and appoint arbitrators.

3. Hearing: The hearing will be held at the appointed time and place. Both parties will be present and have the opportunity to present their case, including submitting evidence and arguments.

4. Arbitration Award: Within 30 days of the hearing, the arbitrators will issue an arbitration award. The award is binding on both parties unless it is appealed or annulled.

Appealing a Labor Arbitration Award

Either party may appeal a labor arbitration award to a people's court within 15 days from the date the award is received. The court will review the award and make a final judgment.

Annulling a Labor Arbitration Award

A labor arbitration award may be annulled by a people's court if it violates the law, contradicts the facts, or is made through procedural errors.

Benefits of Labor Arbitration

Expediency: Labor arbitration is generally a faster and more efficient process than litigation. Cost-effectiveness: Labor arbitration fees are lower than court fees. Privacy: Labor arbitration proceedings are confidential, unlike court proceedings. Mediation: Arbitrators can act as mediators to facilitate a settlement between the parties.

Conclusion

Labor arbitration is an important mechanism for resolving labor disputes in China. By providing a fair and impartial forum for resolving disputes, labor arbitration helps to maintain harmonious labor relations and protect the rights of both employers and employees.