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Labor Arbitration Result Notification Process in China

Introduction

Labor arbitration plays a crucial role in resolving labor disputes in China. Upon the conclusion of an arbitration, the outcome is communicated to the parties involved. This article explores the legal framework and procedures governing the notification process of labor arbitration results.

Legal Basis

The notification of labor arbitration results is regulated under the Labor Dispute Mediation and Arbitration Law of the People's Republic of China (LDMAL) and relevant judicial interpretations.

Article 31 of the LDMAL: The arbitration commission shall promptly notify the applicant and respondent of the arbitration award. Article 13 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Labor Dispute Mediation and Arbitration Law (SPC Interpretation 13): The arbitration commission shall notify the parties of the arbitration award within 7 days from the date of its issuance.

Notification Procedures

The arbitration commission is responsible for notifying the parties of the arbitration result. The notification process typically involves the following steps:

1. Drafting the Arbitration Award: The arbitrator drafts the arbitration award, which includes the findings of fact, legal reasoning, and the ruling. 2. Issuance of the Award: The arbitration commission issues the arbitration award and signs and seals the document. 3. Service of the Award: The arbitration commission serves the arbitration award on the parties either in person or by registered mail.

Time Limit for Notification

As per SPC Interpretation 13, the arbitration commission must notify the parties of the arbitration award within 7 days from the date of its issuance. This time limit is important as it affects the parties' rights to appeal or enforce the award.

Methods of Notification

The arbitration award can be served on the parties in person or by registered mail.

Personal Service: The arbitration commission or its designated agent personally delivers the arbitration award to the parties. The parties must sign and acknowledge receipt of the award. Registered Mail: The arbitration commission sends the arbitration award to the parties by registered mail with return receipt. The date of receipt indicated on the return receipt is deemed the date of service.

Electronic Notification

In recent years, some arbitration commissions have begun to explore electronic methods of notification. However, the use of such methods is not yet widespread and requires the consent of both parties.

Consequences of Failure to Notify

Failure to notify the parties of the arbitration award within the prescribed time limit may result in the following consequences:

Delay in Enforcement: The parties may not be aware of the arbitration ruling and may be unable to enforce it within the statutory time frame. Invalidation of the Award: In certain cases, failure to notify the parties of the arbitration award within the time limit may invalidate the award.

Appeal Process

If a party disagrees with the arbitration result, they can appeal to the court within 15 days from the date of receipt of the award. The court will review the arbitration award and determine whether it is legally valid and supported by the evidence.

Conclusion

The timely and proper notification of labor arbitration results is crucial for ensuring the rights and interests of the parties involved. The legal framework in China provides clear procedures and time limits for this process. By understanding and adhering to these procedures, parties can effectively enforce or challenge arbitration awards.