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What should I do if I don't appeal after 15 days of arbitration

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What should I do if I don't appeal after 15 days of arbitration


        

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  • 2024-06-17 20:00:56

    If no lawsuit is filed after 15 days of arbitration, it cannot be filed again.
    According to the Labor Dispute Mediation and Arbitration Law of the People's Republic of China
    Article 49 If the employing unit has evidence to prove that the arbitration award provided for in Article 47 of this Law falls under one of the following circumstances, it may, within 30 days from the date of receiving the arbitration award, apply to the intermediate people's court in the place where the labor dispute arbitration commission is located for cancellation of the award: (1) there is definite error in the application of laws and regulations; (2) The labor dispute arbitration commission has no jurisdiction; (3) Violating legal procedures; (4) The evidence on which the ruling is based is forged; (5) The other party conceals evidence sufficient to affect the impartiality of the award; (6) The arbitrators ask for and accept bribes, engage in malpractices for personal gain, or pervert the law when arbitrating the case. The people's court shall rule to cancel an award if it is verified by a collegial panel that the award falls under one of the circumstances specified in the preceding paragraph. If the arbitration award is revoked by the people's court, the parties may bring a lawsuit on the labor dispute to the people's court within 15 days from the date of receiving the written order.
    Article 50 If a party is not satisfied with the arbitral award of a labor dispute case other than those specified in Article 47 of this Law, he may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitral award; If no action is brought within the time limit, the award shall become legally effective.

    Legal basis

    Article 49 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes The employing unit may, within 30 days from the date of receipt of the arbitration award, apply to the intermediate people's court in the place where the labor dispute arbitration commission is located for cancellation of the award if it has evidence to prove that the arbitration award specified in Article 47 of this law falls under one of the following circumstances:
    (1) There is definite error in the application of laws and regulations;
    (2) The labor dispute arbitration commission has no jurisdiction;
    (3) Violating legal procedures;
    (4) The evidence on which the ruling is based is forged;
    (5) The other party conceals evidence sufficient to affect the impartiality of the award;
    (6) The arbitrators ask for and accept bribes, engage in malpractices for personal gain, or pervert the law when arbitrating the case.
    The people's court shall rule to cancel an award if it is verified by a collegial panel that the award falls under one of the circumstances specified in the preceding paragraph.
    If the arbitration award is revoked by the people's court, the parties may bring a lawsuit on the labor dispute to the people's court within 15 days from the date of receiving the written order.

    Article 50 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, if a party is not satisfied with the arbitration award of other labor dispute cases other than those specified in Article 47 of this Law, he may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award; If no action is brought within the time limit, the award shall become legally effective.

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