Article 40 The arbitral tribunal shall record the proceedings of the hearing in the transcript. If the parties and other arbitration participants believe that there are omissions or errors in the records of their statements, they have the right to apply for corrections. If no correction is made, the application should be recorded.

The transcript shall be signed or sealed by the arbitrator, record-keeper, parties and other arbitration participants.

Analysis: This article is about the transcripts of labor dispute arbitration hearings.

Hearing transcripts are produced by the record-keeping staff of the arbitration tribunal. They truthfully reflect the opinions, cross-examinations, debates, change requests, and hearings of the arbitrators, parties, and other arbitration participants during the arbitral tribunal’s hearing of labor dispute cases. Written records of pre-mediation and other activities.

(1) The arbitral tribunal shall truthfully record the proceedings of the hearing.

The transcript of the hearing is a reflection of all activities during the hearing, which can effectively fix the evidence and prevent the parties from criticizing their words and deeds afterwards. Non-recognition is also a constraint on the words and deeds of the parties involved. At the same time, the court transcripts are an important basis for the arbitral tribunal to make decisions, and also provide original data for future trial supervision procedures. Therefore, court records must be comprehensive, accurate, true and clear. The recorder must be faithful to the actual situation of the court hearing and should try to record the original words of the arbitrators and parties, and shall not arbitrarily extend or express them. The language used in court transcripts should be standardized and avoid using dialects and slang as much as possible.

The following contents shall be recorded in the court record: the cause of the case; the time and place of the hearing; the names of the arbitrators and record-keeping personnel; the names, gender, age, nationality, occupation, residence and attendance of the parties; the chief arbitrator or The sole arbitrator informs the parties of their arbitration rights and obligations, as well as whether to apply for the arbitrator’s challenge; the parties’ statements, witnesses’ testimony, presentation of evidence, reading out appraisal conclusions, reading out inspection records, and cross-examination by the parties; the parties’ debates; The circumstances of adding, changing, and withdrawing arbitration requests; if mediation is conducted first, the mediation process shall be recorded; if an award is made in court, the content of the award and the parties’ statements on the award shall be recorded; the arbitrator, recorder, parties and other arbitration participants signature or seal, or refusal to sign or seal.

(2) The parties and other arbitration participants have the right to apply for corrections

The parties and other arbitration participants have the right to understand the contents of the court transcripts. At the same time, in order to ensure the accuracy of the court transcripts, The transcript of the hearing shall be read out in court, and the parties and other arbitration participants may also be notified to read it in court or within five days. If the parties and other arbitration participants believe that the transcript of the hearing contains omissions or errors in recording their own statements, they have the right to apply for corrections.

After verification, if the arbitral tribunal believes that there are indeed omissions or errors and agrees to make corrections, the recorder will record the contents of the corrections and the process of corrections; if the arbitral tribunal believes that there are no omissions or errors, it will not agree. In the case of supplements and corrections, the recorder shall record the contents of the application and the reasons for not agreeing to the supplements and corrections in the transcript.

(3) The minutes of the hearing shall be signed or stamped by the arbitration participants

After the hearing, the arbitrator, recorder, parties and other arbitration participants shall sign the minutes of the hearing. Or stamp it.

If the parties and other arbitration participants check the transcripts of the hearing and find that there are omissions or errors, they may apply for corrections; if the arbitral tribunal refuses to make corrections and the parties and other arbitration participants refuse to sign or seal, the records The personnel shall be explained in the court transcript. If the parties and other arbitration participants believe that there are no omissions or errors, or that although there are omissions or errors but they have been corrected, they shall sign or seal the transcript of the hearing.

Hearing transcripts must comprehensively, accurately, truly and clearly reflect the activities of the arbitrator, parties and other arbitration participants during the hearing of labor dispute cases by the arbitration tribunal. If there are any omissions or errors, the parties and other arbitration participants have the right to apply for corrections. Whether to make corrections or not shall be decided by the arbitral tribunal based on the circumstances of the court hearing.