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How to Ascertain Defendant Information in Labor Arbitration in China

Introduction

In labor disputes, ascertaining the identity of the defendant is crucial for initiating legal proceedings. This article provides a comprehensive guide to effectively查询被告信息(querying defendant information) in labor arbitration in China.

Legal Framework

Labor Contract Law (Article 81): Stipulates that employers must provide employees with a written labor contract containing basic information, including the employer's name and address. Arbitration Law (Article 21): Requires claimants to provide the name, address, and contact information of the respondent (defendant) in their arbitration application.

Methods of Querying Defendant Information

1. Labor Contract:

The most direct method is to refer to the labor contract provided by the employer. It should contain the employer's full name, legal address, and contact details.

2. Enterprise Information Query System:

The National Enterprise Credit Information Publicity System (NECIPS) provides access to comprehensive information about registered businesses in China. Users can search for an enterprise's name or registration number to obtain its legal representative, address, and other relevant data.

3. Local Government Websites:

Many local government websites have dedicated platforms for查詢工商信息(querying business information). These platforms allow users to search for registered businesses within their jurisdiction and obtain relevant contact information.

4. Business Directories:

Business directories such as Alibaba and Baidu Business are also useful sources for ascertaining defendant information. Users can search for a company's name or industry and access its contact details.

5. Industry Associations:

If the employer is a member of an industry association, claimants can contact the association to request the defendant's information.

6. Local Labor Arbitration Commissions:

Labor arbitration commissions may have access to defendant information from previous cases or administrative records. Claimants can contact the relevant commission to inquire about the defendant's identity.

Additional Tips:

Gather evidence: Collect any documents that may contain defendant information, such as correspondence, emails, or invoices. Contact former employees: Former employees of the employer may be able to provide additional information about the defendant's business. Use social media: Search for the defendant's business on social media platforms such as LinkedIn or WeChat to gather contact information.

Consequences of Failing to Identify Defendant

Failure to correctly identify the defendant in a labor arbitration application can result in:

Delays in the arbitration process: The arbitration commission will need to spend time investigating the defendant's identity, which can extend the time it takes to resolve the dispute. Dismissal of the application: The arbitration commission may dismiss the application if it is unable to identify the defendant within a reasonable amount of time. Missed opportunities for legal rights: Claimants may lose the opportunity to pursue their legal claims if they fail to identify the correct defendant.

Conclusion

Ascertaining the identity of the defendant in labor arbitration in China is essential for initiating and successfully resolving disputes. By utilizing the various methods outlined in this article, claimants can effectively collect the necessary defendant information to ensure a smooth and efficient arbitration process.