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How to proceed with the online hearing process of labor arbitration

1. What is the process of a labor arbitration hearing? 1. Before the hearing, the chief arbitrator or the sole arbitrator will check whether the parties are present in court; inform the parties of their rights and obligations; and announce the formation of the arbitral tribunal. and the members of the arbitral tribunal, asking the parties whether to apply for recusal; and announcing the discipline of the hearing. 2. During the court investigation, firstly, the applicant shall submit a request for arbitration, and the respondent shall respond and submit a counterclaim; secondly, based on the application and defense, the time, place, course and focus of the dispute shall be ascertained; and then, the parties shall discuss the The evidence provided or collected by the arbitral tribunal shall be investigated. 3. Opening debate. The general order of debate is: first, both parties and their agents state their opinions to the arbitral tribunal respectively, and then the parties and their agents debate each other on the disputed issues. At the end of the debate, both parties state their final opinions. 4. Mediation: Before making an award, the arbitral tribunal can mediate according to the wishes of the parties. The mediation can be conducted under the auspices of the arbitral tribunal, or the parties can reconcile on their own. If the parties are unwilling to mediate, the arbitral tribunal will not conduct mediation. 5. At the end of the court session, the parties concerned read the trial transcript and signed each page of the transcript. The members of the arbitral tribunal should also sign on the last page of the transcript. 6. Legal basis: "Labor Dispute Arbitration Commission Case Handling Rules" Article 27: When making a ruling at a hearing, the arbitral tribunal may choose the following procedures based on the circumstances of the case: (1) The clerk shall check whether the parties, agents and relevant personnel of both parties are present in court. , announce the discipline of the arbitral tribunal; (2) the chief arbitrator announces the opening of the hearing, announces the list of arbitrators and clerks, informs the parties of their appeal and defense rights and obligations, asks the parties whether they apply for withdrawal and announces the cause of the case; (3) Hear the complainant’s complaint and the respondent’s defense; (4) The arbitrator conducts an in-court investigation on issues that require further understanding by questioning, and solicits the final opinions of both parties; (5) Conducts further mediation in court based on the opinions of the parties; (5) 6) When mediation is not suitable or an agreement cannot be reached, the court shall be adjourned promptly and an award shall be made; (7) The arbitral tribunal shall resume the hearing and announce the arbitral award; (8) Difficulties that are difficult for the arbitral tribunal to reach a conclusion or need to be submitted to the arbitration committee for decision case, the arbitral tribunal shall declare a postponement of the award.

II. How to respond during a labor arbitration hearing 1. The respondent in labor arbitration shall submit a statement of defense to the arbitration committee within the time limit specified in the arbitration rules. If the respondent fails to submit a statement of defense, it will not affect the progress of the arbitration proceedings. . In other words, if the respondent fails to submit a statement of defense, it may be detrimental to the outcome of the arbitration. 2. After accepting the arbitration application, the arbitration committee shall serve the arbitration rules and the list of arbitrators to the applicant within the time limit specified in the arbitration rules, and serve a copy of the arbitration application, the arbitration rules, and the list of arbitrators to the respondent. 3. After receiving a copy of the arbitration application, the respondent shall submit a statement of defense to the arbitration committee within the time limit specified in the arbitration rules. After receiving the statement of defense, the arbitration committee shall serve a copy of the statement of defense to the applicant within the time limit specified in the arbitration rules. If the respondent fails to submit a statement of defense, it will not affect the conduct of the arbitration proceedings. During the court investigation, first, the applicant files a request for arbitration, and the respondent responds and raises a counterclaim; secondly, based on the application and defense, the time, place, course, and focus of the dispute are found out; and then, based on the information provided by both parties, or the evidence collected by the arbitral tribunal for investigation. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or consult a professional lawyer.