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How to deal with those who are not satisfied with the arbitration award

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How to deal with those who are not satisfied with the arbitration award


        

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  • 2024-05-26 02:00:31

    Those who are not satisfied with the arbitration award may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award. If one of the circumstances specified in Article 49 of the Labor Dispute Mediation and Arbitration Law exists in the award, an application for cancellation of the award can be made to the intermediate people's court in the place where the labor dispute arbitration commission is located within 30 days from the date of receiving the arbitration award.

    [Legal Basis]

    According to Article 49 of the Labor Dispute Mediation and Arbitration Law, if the employer has evidence to prove that the arbitration award 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.

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