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How to File for Labor Arbitration in Shanghai

Introduction

In China, labor disputes arise between employees and employers and can cover a wide range of issues, including unpaid wages, wrongful termination, and discrimination. Labor arbitration is a legal process available to employees to resolve these disputes. This article provides a comprehensive guide on how to file for labor arbitration in Shanghai.

Legal Framework

The legal framework governing labor arbitration in Shanghai is primarily based on the following laws:

Labor Dispute Mediation and Arbitration Law of the People's Republic of China Regulations on Labor Dispute Arbitration of Shanghai

Eligibility

Employees who have a labor dispute with their employer are eligible to file for labor arbitration. Eligible disputes typically include:

Unpaid or underpaid wages Wrongful termination Discrimination Occupational accidents Social security disputes

Filing Procedure

To file for labor arbitration, follow these steps:

1. Submit an Arbitration Application: Prepare an arbitration application that includes the following information: Employer's name and address Employee's name and contact details Summary of the dispute and evidence 2. File with the Arbitration Commission: Submit the arbitration application to the Arbitration Commission of the district where the employment contract was signed or the workplace is located. 3. Acceptance Review: The Arbitration Commission will review the application and decide whether to accept it within 5 days. 4. Arbitration Hearing: If accepted, the Arbitration Commission will schedule a hearing within 3 months. Both parties will have the opportunity to present evidence and arguments. 5. Arbitration Award: The Arbitration Commission will issue an arbitration award within 30 days of the hearing. The award is legally binding on both parties.

Time Limits

Labor arbitration disputes must be filed within the following time limits:

Unpaid wages: within 1 year Wrongful termination: within 60 days Discrimination: within 180 days Occupational accidents: within 1 year Social security disputes: within 6 months

Fees

The fees for filing a labor arbitration case are as follows:

Arbitration application fee: RMB 10 Arbitration hearing fee: 1% of the claimed amount (minimum RMB 10, maximum RMB 500)

Enforcement

If the employer fails to comply with the arbitration award, the employee can apply to the local court for enforcement. The court may issue a court order requiring the employer to follow the award.

Alternative Dispute Resolution

Before filing for labor arbitration, employees are encouraged to consider alternative dispute resolution methods, such as:

Negotiation: Attempting to resolve the dispute directly with the employer. Mediation: Using a neutral third party to facilitate a mutually acceptable resolution.

Conclusion

Labor arbitration is a legal process available to employees in Shanghai to resolve disputes with their employers. By following the steps outlined in this guide, employees can effectively file for arbitration and protect their rights. It is important to note that legal assistance may be necessary for complex or high-stakes cases.