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Labor Arbitration in Construction Projects in China: Issuance of Certificates

In China, labor arbitration is a statutory process available to workers who have disputes with their employers. It is governed by the Labor Dispute Mediation and Arbitration Law (LDMAL) and the Labor Dispute Mediation and Arbitration Rules.

Issuance of Proof of Filing

When a worker files for labor arbitration, the relevant labor arbitration committee (LAC) will issue a proof of filing. This document serves as evidence that the worker has initiated arbitration proceedings.

Issuance of Arbitration Award

After the arbitration proceedings are concluded, the LAC will issue an arbitration award. The award is a binding decision that resolves the dispute between the worker and the employer.

Issuance of Performance Certificate

In some cases, the LAC may also issue a performance certificate. This document certifies that the employer has fulfilled its obligations under the arbitration award.

Entity Responsible for Issuing Proof of Filing and Performance Certificate

According to Article 50 of the LDMAL, the proof of filing and performance certificate should be issued by the labor arbitration committee at the same level or higher level as the people's court where the arbitration application is filed.

Procedure for Issuance

Proof of Filing:

The worker submits an application for arbitration to the LAC. The LAC reviews the application and determines whether to accept it. If the application is accepted, the LAC issues a proof of filing to the worker.

Performance Certificate:

The worker applies for a performance certificate from the LAC after the employer has fulfilled its obligations under the arbitration award. The LAC reviews the application and determines whether to issue the certificate. If the certificate is issued, the LAC sends it to the worker.

Time Limits

The time limit for applying for a proof of filing and performance certificate is within one year from the effective date of the arbitration award.

Administrative Reconsideration

If the worker is dissatisfied with the issuance or denial of a proof of filing or performance certificate, they may apply for administrative reconsideration with the labor law enforcement authority at the same level or higher level as the LAC.

Court Proceedings

If the worker is still dissatisfied after administrative reconsideration, they may file a lawsuit in the people's court within one year from the date of the administrative reconsideration decision.

Enforcement of Arbitration Award

The arbitration award is enforceable once it becomes legally effective. If the employer fails to comply with the award, the worker may apply to the people's court to enforce it.

Issuance of proof of filing, arbitration award, and performance certificate in labor arbitration for construction projects in China is an essential step in resolving labor disputes and ensuring the rights of both workers and employers. The process set out in the law provides clear guidelines and safeguards to ensure fairness and transparency.