What does it mean to apply for labor arbitration if negotiation fails? If no settlement can be reached through consultation, the two parties will apply to the Labor Bureau for labor arbitration. There are several judicial interpretations of the sentence of applying for labor arbitration settlement if negotiation fails, depending on the specific situation. The details are as follows: 1. If a labor dispute is mediated before applying for labor arbitration, both parties to the labor dispute have the right to apply to the labor arbitration commission for labor arbitration even if there is no clause in the contract that "if the dispute cannot be negotiated, it will be arbitrated by the arbitration commission"; 2. If the labor arbitration is applied for and the arbitration commission conducts mediation after the hearing, it is not necessary to write "if the dispute cannot be settled through consultation, the arbitration commission will arbitrate" into the contract terms. If the mediation fails, the law stipulates that the arbitration tribunal shall issue an arbitration award within the statutory time limit; 3. If an agreement is reached through mediation according to Article 14 of the Labor Dispute Mediation and Arbitration Law, a mediation agreement shall be prepared. The mediation agreement shall be signed or sealed by both parties, and become effective after being signed by the mediator and sealed by the mediation organization. It shall be binding on both parties and shall be implemented by the parties. If no mediation agreement is reached within 15 days after the labor dispute mediation organization receives the mediation application, the parties may apply for arbitration according to law. Do you understand this explanation?
