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Labor arbitration process


        

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  • 2024-05-26 08:00:50

    1. Application; The party concerned may apply to the labor dispute arbitration committee for arbitration within one year from the date when it knows or should know that its rights have been infringed.

    2. Acceptance; Within five days from the date of receiving the arbitration application, the labor dispute arbitration commission shall accept the application and notify the applicant if it believes that the application meets the conditions for acceptance; If it believes that the conditions for acceptance are not met, it shall notify the applicant in writing of its rejection and explain the reasons.

    3. Court session; During the arbitration process, the parties will carry out such links as the applicant's clear request, the respondent's defense, the arbitral tribunal's investigation of facts, the parties' adduction of evidence and cross examination, debate, and presentation of final opinions.

    4. Mediation; The arbitration tribunal shall mediate before making an award. If an agreement is reached through mediation, the arbitration tribunal will prepare a mediation statement.

    5. Adjudication; If mediation fails or one of the parties goes back on his word before the mediation statement is served, the arbitration tribunal will make an award in a timely manner.

    [Legal Basis]

    Article 27 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China stipulates that the time limit for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be counted from the date on which the parties knew or should have known that their rights had been infringed.

    The limitation of time for arbitration prescribed in the preceding paragraph shall be interrupted when one party claims rights from the other party, or requests relief from the relevant department, or the other party agrees to perform its obligations. The limitation period for arbitration shall be recalculated from the time of interruption.

    If the parties are unable to apply for arbitration within the time limit for arbitration specified in the first paragraph of this Article due to force majeure or other justified reasons, the time limit for arbitration shall be suspended. The limitation period for arbitration shall continue to count from the date when the reason for suspending the limitation period is eliminated.

    If a dispute arises due to the arrears of labor remuneration during the duration of the labor relationship, the laborer's application for arbitration shall not be subject to the limitation period for arbitration as stipulated in the first paragraph of this article; However, if the labor relationship is terminated, it shall be proposed within one year from the date of termination of the labor relationship.

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