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Arbitration Notice in Chinese Labor Law

Arbitration is a method of resolving disputes outside of a traditional court system. In China, labor arbitration is governed by the Labor Dispute Arbitration Law of the People's Republic of China. This law provides for the establishment of labor arbitration committees at various levels to handle disputes between employers and employees.

Content of an Arbitration Notice

An arbitration notice is a formal document that initiates an arbitration proceeding. It must contain the following information:

Name and address of the applicant (employee) Name and address of the respondent (employer) Nature of the dispute Facts giving rise to the dispute Evidence supporting the applicant's claims Relief requested by the applicant Signature of the applicant Date of the application

Procedure for Filing an Arbitration Notice

To file an arbitration notice, an employee must submit it to the competent labor arbitration committee. The competent committee is determined based on the location of the employer's business or the place where the labor dispute occurred.

The employee must file the notice within 60 days of the date on which the dispute arose. If the employee fails to file the notice within this time period, they may lose their right to arbitrate the dispute.

Service of the Arbitration Notice

Once the labor arbitration committee accepts the notice, it will serve it on the employer. The employer must file a response to the notice within 15 days of receiving it.

Arbitration Hearing

After the employer has filed a response, the labor arbitration committee will schedule an arbitration hearing. The hearing is typically held within 30 days of the date on which the employer filed its response.

At the hearing, both parties will have the opportunity to present their evidence and arguments. The labor arbitration committee will then make a decision on the dispute.

Enforcement of Arbitration Awards

If the employer fails to comply with the arbitration award, the employee may apply to a people's court to enforce it. The court may enforce the award as if it were a judgment of the court.

Conclusion

Arbitration is an important mechanism for resolving labor disputes in China. An arbitration notice is the first step in initiating an arbitration proceeding. By following the procedures outlined above, employees can ensure that their disputes are resolved fairly and efficiently.