According to the country’s existing system, it violates the relevant employment system.

For specific matters, it is recommended to consult the Labor Bureau consultation hotline 12333.

You may collect evidence and file a complaint with the nearest labor arbitration committee.

Labor Dispute Arbitration Committee Case Handling Rules

Chapter 1 General Provisions

Article 1 is to standardize the handling of labor arbitration cases, ensure the quality of case handling, and handle labor cases promptly and correctly Disputes, these rules are formulated in accordance with the "Regulations of the People's Republic of China on the Handling of Labor Disputes in Enterprises" (hereinafter referred to as the "Regulations").

Article 2 The staff and arbitrators of local labor dispute arbitration committees at all levels and their offices shall implement these rules.

Article 3 The Labor Dispute Arbitration Committee (hereinafter referred to as the Arbitration Committee) must abide by national laws, regulations, rules and policies when handling labor dispute cases, ascertain the facts, mediate first, and make timely rulings when mediation fails. The law shall be applied equally to all parties involved.

Article 4 When arbitration committees and arbitral tribunals handle labor dispute cases, the principle of the minority obeying the majority shall be implemented.

Article 5 The arbitral tribunal shall handle labor disputes in accordance with the law under the leadership of the arbitration committee.

Chapter 2 Jurisdiction

Article 6 The jurisdiction of local arbitration committees at all levels to handle labor disputes shall be determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the Regulations.

Article 7 When the arbitration committee finds that the case accepted does not fall under the jurisdiction of the association, it shall transfer it to the arbitration committee with jurisdiction. Any dispute over jurisdiction between the arbitration committees shall be resolved through negotiation between the two parties; if negotiation fails, the superior labor administrative department of the People's Republic of China shall designate the jurisdiction.

Article 8 If the unit where a labor dispute occurs and the employee are not under the jurisdiction of the same arbitration committee, the case shall be accepted by the arbitration committee where the wage relationship between the employee parties is located.

Chapter 3 Arbitration Participants

Article 9 The enterprise and its employees are the parties to the labor dispute. Corporate legal persons shall participate in arbitration activities by their legal representatives. Other enterprises or units established in accordance with the law shall have their principal persons in charge participating in arbitration activities.

The parties may entrust one or two lawyers or other persons to represent them in arbitration activities. To entrust another person to participate in arbitration activities, a power of attorney signed or stamped by the client must be submitted to the arbitration committee. The power of attorney should clearly specify the entrusted matters and authority. Employees without capacity for civil conduct or with limited capacity for conduct may have their legal representatives appeal on their behalf; deceased employees may have their interested parties appeal on their behalf; if the legal representative or interested parties are unclear, the arbitration committee shall appoint an agent.

Article 10 If there are more than three employees on one side of a labor dispute and all have the same reasons, representatives shall be elected to participate in arbitration activities. The number of representatives is determined by the arbitration committee.

Article 11 A third party with an interest in the outcome of a labor dispute may apply to participate in arbitration activities, or the arbitration committee may notify him or her to participate.

Chapter 4 Case Acceptance

Article 12 The office of the arbitration committee is responsible for the daily work of accepting labor dispute cases. After receiving the arbitration application, the staff of the Arbitration Commission office should review the following matters:

(1) Whether the complainant has a direct interest in the case;

(2) Apply for arbitration Whether the dispute is a labor dispute;

(3) Whether the labor dispute applied for arbitration falls within the scope of the arbitration committee;

(4) Whether the labor dispute falls under the jurisdiction of this arbitration committee;

(5) Whether the application and relevant materials are complete and meet the requirements;

(6) Whether the application time complies with the statute of limitations for applying for arbitration.

For arbitration applications with incomplete appeal materials or unclear relevant circumstances, the complainant should be instructed to supplement them.

Article 13 The arbitration committee may authorize its offices to be responsible for the review and approval of cases.

For cases that meet the conditions for acceptance after review, the staff of the Arbitration Commission's office should immediately fill in the "Case Filing Approval Form" and report it to the Arbitration Commission or the person in charge of its office for approval in a timely manner.

Article 14 The person in charge of the arbitration committee or its office shall make a decision on the "Case Filing Approval Form" within seven days from the date of filling out the form. If the case is decided not to be filed, a notice of non-acceptance shall be issued within seven days from the date of the decision and served to the complainant; if the case is decided to be filed, a written notice shall be issued to the complainant within seven days from the date of the decision and the complaint shall be A copy is served on the respondent, who is required to submit a statement of defense and evidence within fifteen days.

If the respondent fails to submit a statement of defense, it will not affect the handling of the case.

Chapter 5 Case Arbitration Preparation

Article 15 The labor dispute case decided to accept by the arbitration committee shall be determined in accordance with the "Organizational Rules of the Labor Dispute Arbitration Committee" within seven days from the date of filing the case. Form an arbitral tribunal.

Article 16 If the facts are clear, the case is simple, and the applicable laws and regulations are clear, the arbitration committee may appoint an arbitrator to handle it alone.

Article 17 If a member of the arbitration committee or the appointed arbitrator falls under any of the circumstances listed in Article 35 of the Regulations, he shall withdraw.

The provisions of the preceding paragraph shall also apply to clerks, appraisers, surveyors, and translators.

Article 18 The recusal of the Chairman of the Arbitration Commission shall be decided by the Arbitration Commission; the recusal of other members, arbitrators and other personnel of the Arbitration Commission shall be decided by the Chairman of the Arbitration Commission.

Article 19 The arbitration committee or the director of the arbitration committee shall make a decision on the challenge application within seven days and notify the parties orally or in writing.

Article 20 The members of the arbitral tribunal shall carefully review the appeal and defense materials, investigate and collect evidence, and ascertain the facts of the dispute.

Article 21: When conducting an investigation, the arbitrator shall first present his or her credentials to the person under investigation. After being reviewed by the respondent, the investigation transcript shall be signed or sealed by the respondent and the investigator.

Article 22 During arbitration activities, if any issues that require inspection or appraisal are encountered, they shall be submitted to the statutory department for inspection or appraisal; if there is no statutory department, the arbitration committee shall entrust the relevant department to conduct inspection. or identification.

Article 23: Arbitration committees in various regions may entrust each other with investigations. The arbitration committee of the entrusted party shall complete the investigation within the time limit required by the arbitration committee of the entrusting party. If it cannot complete the investigation for any reason, it shall notify the arbitration committee of the entrusting party by letter within the required time limit.

Article 24 The members of the arbitral tribunal shall formulate a treatment plan based on the facts investigated.

Chapter 6 Case Hearing

Article 25: When an arbitral tribunal hears a labor dispute case, it shall give written notice of the members of the arbitral tribunal, the time and place of the hearing four days before the hearing. served on the parties concerned. If a party receives notice and refuses to appear in court without justifiable reasons, or withdraws from the court without the consent of the arbitral tribunal during the hearing, the claimant will be deemed to have withdrawn the case and a default ruling will be made against the respondent.

Article 26 When hearing labor dispute cases, the arbitration tribunal shall first conduct mediation.

If an agreement is reached through mediation, an arbitration mediation letter shall be prepared in accordance with the provisions of Articles 27 and 28 of the Regulations. The mediation letter shall be signed by both parties, signed by the arbitrator, stamped with the seal of the arbitration committee, and served on the parties concerned.

If no agreement is reached during mediation, or if the party reneges before the arbitration mediation letter is served, or if the parties refuse to accept the mediation letter, the arbitral tribunal shall make a timely ruling.

Article 27: The arbitral tribunal may choose the following procedures according to the circumstances of the case when making a ruling: (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 to apply for recusal and announces the cause of the case;< /p>

(3) Hear the complainant’s complaint and the respondent’s reply;

(4) The arbitrator will conduct in-person inquiries on issues that require further understanding and consult The final opinions of both parties;

(5) Mediation will be held in court based on the opinions of the parties; The tribunal shall deliberate and make an award;

(7) The arbitral tribunal shall resume the hearing and announce the arbitration award;

(8) Difficult cases that are difficult for the arbitral tribunal to reach a conclusion or need to be submitted to the arbitration committee for decision , the arbitral tribunal shall declare a deferred award.

Article 28: For cases that have significant impact within the jurisdiction, as well as difficult cases that are difficult to reach a conclusion after the arbitral tribunal deliberates, the arbitral tribunal may submit the case to the arbitration committee for decision after ascertaining the facts.

Article 29 If the complainant applies to withdraw the case before the arbitral tribunal makes an award, the arbitral tribunal will decide whether the withdrawal is justified after review. The arbitration decision must be completed within seven days.

Article 30: When an arbitral tribunal handles a labor dispute, the case shall be concluded within sixty days from the date of formation of the arbitral tribunal. If the case is complicated and requires an extension, it may be extended appropriately after approval by the arbitration committee, but the maximum extension shall not exceed thirty days.

Pending request for approval, identification of work-related injuries, the inability of the parties to participate in arbitration activities for some reason, and other objective circumstances that hinder the progress of arbitration cases shall be deemed to have suspended the arbitration statute of limitations and shall be reported to the arbitration committee for review and approval. The suspension of the statute of limitations for arbitration shall not be included in the statute of limitations for handling arbitration cases.

Article 31 When the arbitration tribunal handles the settlement of a labor dispute, it shall fill out the "Arbitration Closing Approval Form" and submit it to the director of the arbitration committee for approval. If the director of the arbitration committee deems it necessary, he may also submit the matter to the arbitration committee for approval. Approval must be completed within seven days.

Article 32 After the arbitral tribunal makes an award, it shall prepare an arbitration award. The award shall be signed by the arbitrator, stamped with the seal of the arbitration committee, and served to both parties.

If the arbitral tribunal makes an award in court, it shall send the award within seven days. If the decision is made by another court on a regular basis, the court will issue a written award.

Article 33: When the arbitral tribunal makes an award, it may make a modified award for the subject matter of the dispute involving economic compensation and compensation. It may make an affirmative or negative award for other subject matter of the dispute and at the same time make a separate request to the parties. Written Proposal for Arbitration.

Article 34 If the directors of arbitration committees at all levels find errors in the legally effective awards of this committee and need to be reprocessed, they shall submit them to this arbitration committee for decision.

If the dispute is decided to be re-handled, the arbitration committee shall decide to terminate the execution of the original award. The arbitration decision shall be signed by the director of the arbitration committee and stamped with the seal of the arbitration committee.

After the arbitration committee declares the original arbitration award invalid, it shall form a new arbitral tribunal within seven days from the date of declaration of invalidity. When an arbitral tribunal handles a labor dispute case again, it shall conclude the case within thirty days from the date of formation of the arbitral tribunal.

Article 35 The arbitration award shall state:

(1) Name, gender, age, ethnicity, occupation, work unit and address of the complainant and respondent , the name and address of the unit and the name and position of its legal representative (or person in charge) or agent;

(2) The reason for the complaint, the facts and requirements of the dispute;

(3) The facts and reasons determined in the ruling and the applicable laws and regulations;

(4) The results of the ruling and the burden of costs;

(5) If you are dissatisfied with the ruling, file a complaint with the People's Court Time limit for prosecution.

The arbitration mediation document can be prepared by referring to the format of the arbitration award.

Chapter 7 Special Trial of Cases

Article 36 The provisions of this chapter shall apply to collective labor disputes involving more than 30 employees on one side. Relevant provisions of these Rules and the Regulations that are not specified in this Chapter shall apply.

Article 37 The arbitration committee shall form a special arbitration tribunal to handle collective labor disputes. The special arbitral tribunal shall consist of an odd number of three or more arbitrators.

When the county-level arbitration committee deems it necessary, it may submit collective labor disputes to the municipal (prefecture, state, league) arbitration committee for handling.

Article 38 The arbitral tribunal shall handle collective labor disputes in accordance with the principle of locality and proximity. The hearing venue may be located at the enterprise where the dispute occurs or other places that are convenient for handling the case in a timely manner.

Article 39 The arbitration committee shall make a decision on whether to accept or not accept the collective labor dispute complaint within three days from the date of receipt. When the arbitration committee makes a decision to accept the case, it shall form a special arbitral tribunal and notify the parties in the form of a notice or notice; if it decides not to accept the case, the reasons shall be stated.

Article 40 After the notice of acceptance is served or the notice of acceptance is published, the parties shall not engage in any behavior that intensifies conflicts.

Article 41 When handling collective labor disputes, the arbitral tribunal shall first mediate, or facilitate a consultation meeting between employee representatives and enterprise representatives, and promote the parties to voluntarily reach an agreement on the basis of ascertaining the facts.

If an agreement is reached through mediation, the mediation letter will become legally effective from the date it is served or the notice is published.

If mediation or negotiation fails to reach an agreement, the arbitral tribunal shall make a timely ruling.

Article 42 After the arbitral tribunal makes an award, it shall prepare a written award and deliver it to the parties, or publish it in the form of a "notice".

Article 43 The arbitral tribunal’s handling of collective labor disputes shall be concluded within fifteen days from the date of formation of the arbitral tribunal. If the case is complicated and requires an extension, it may be appropriately extended upon approval by the arbitration committee, but the extension period shall not exceed fifteen days.

Article 44 The arbitration committee shall promptly report to the local people's government the collective labor disputes accepted and the results of their handling.

Chapter 8 Period and Service

Article 45 The period includes the legal period and the period designated by the arbitration committee. The period is calculated in days, months and years. The date on which the period begins is included in the period. If the last day on which the period expires is a legal holiday, the first day after the holiday shall be the date on which the period expires. The period does not include transit time. If the arbitration document is mailed before expiration, it will not be considered expired.

Article 46 If the labor dispute exceeds the statute of limitations for appeal due to force majeure or other legitimate reasons, the arbitration committee shall accept it.

Article 47 Arbitration documents must be served with a service receipt, and the recipient shall record the date of receipt, sign or seal it on the service receipt.

The date of receipt signed by the recipient on the delivery receipt is the date of delivery.

Article 48 When an arbitration document is served by the Arbitration Commission, it shall be delivered directly to the person to be served; if he is not present, it shall be handed over to an adult relative living with him or her to sign for receipt; the person to be served has appointed a representative to the Arbitration Commission. If the recipient is a recipient, the recipient must sign for receipt; if the recipient is an enterprise or unit and has not designated a collector to the arbitration committee, the recipient may sign for receipt.

Article 49: If the person to be served refuses to accept the arbitration document, the person delivering the document shall invite representatives or other persons from the relevant parties to the scene, explain the situation, and certify the reason and date of rejection on the service receipt. , the arbitration document shall be deemed to have been served if it is signed or stamped by the person who serves it and the witness, and the arbitration document is left at the residence of the person to be served.

Article 50 If it is difficult to directly serve arbitration documents, you may entrust the arbitration committee where the parties are located to serve them on your behalf, or you may serve them by mail. For mail delivery, the date of receipt stated on the registered inquiry receipt shall be the date of delivery.

Article 51 If the whereabouts of the person to be served are unknown, or the arbitration document cannot be served by other means in these regulations, it may be served by public announcement. It shall be deemed to have been served thirty days from the date of issuance of the announcement.

For the announcement to be served, the reasons and process shall be recorded in the case file.

Chapter 9 Archiving

Article 52 After the settlement of labor disputes, all materials generated during the handling process should be arranged in category or chronological order, and a table of contents and page numbers should be compiled. , bound into volumes, and filed in volumes.

Dossier materials must be photocopied, printed, mimeographed, or written with a pen or brush. Pencils, ballpoint pens, or carbon paper are not allowed to be written.

Article 53 Arbitration case files shall be bound into main volumes and supplementary volumes.

The main document includes: letter of appeal, statement of defense, certificate of identity of the legal representative, letter of authorization, investigation evidence, inspection transcripts, conversation transcripts, hearing notice, arbitration proposal, arbitration decision, arbitration Mediation letter and arbitration award, service receipt, etc.

The supplementary files include: case filing approval forms, investigation outlines, review records, reporting records, request reports, superiors’ instructions, various meeting records, drafts, case closing approval forms, etc.

Article 54 Except for arbitration institutions, no secondment or inspection of arbitration supplementary files is allowed.

Article 55 If you are dissatisfied with the arbitration result and bring a lawsuit or apply for enforcement in court, the court may borrow the original arbitration file. If a lawyer serves as a litigation agent, he or she may inspect the original arbitration file on the spot based on his or her credentials.

Article 56: The parties to the case and units and individuals with an interest in the case are not allowed to inspect the arbitration case files.

Article 57 If relevant units and individuals need to extract materials from the main volume, they must obtain approval from the person in charge of the arbitration committee office.

Article 58: In order to ensure the integrity and security of arbitration files, the offices of labor arbitration committees at all levels must establish strict file borrowing and review systems. For case files that need to be borrowed, the borrowing period must be clearly specified and returned as scheduled. Strict inspection is required when returning to ensure the completeness of the case file.

Article 59: Case files settled through arbitration, mediation or other methods shall be kept for five years; case files settled by arbitration awards shall be kept for ten years; case files filed in court against arbitration shall be kept for Fifteen years.

Chapter 10 Arbitration Fees

Article 60 When an arbitration committee accepts a labor dispute case, it shall collect arbitration fees in accordance with the "Regulations on the Administration of Labor Contract Authentication and Labor Dispute Arbitration Fees". Arbitration fees are divided into case acceptance fees and case processing fees.

The acceptance fee standard shall be implemented in accordance with relevant national regulations and shall be paid in advance by the complainant when the arbitration committee decides to open the case.

Processing fees include travel expenses, inspection fees, appraisal fees, witnesses’ missed work and meal expenses, document printing fees, etc. The processing fee shall be paid in advance by both parties within five days after receiving the case acceptance notice and a copy of the appeal.

Article 61 If the case reaches an agreement through mediation by the arbitration committee, the burden of arbitration fees shall be settled through negotiation between the two parties. If the case is adjudicated by the arbitration committee, the arbitration fees shall be borne by the losing party. If both parties partially lose the lawsuit, both parties shall bear the responsibility. If a party withdraws the lawsuit, all costs shall be borne by the withdrawing party.

If the arbitration committee finds it difficult for the employee party to pay arbitration fees, it may reduce, defer or waive them.

Chapter 11 Supplementary Provisions

Article 62 Any violation of these rules by arbitration participants and arbitration staff shall be dealt with in accordance with the relevant provisions of Chapter 4 of the Regulations.

Article 63 The Ministry of Labor is responsible for the interpretation of these rules.

Article 64 These rules will come into effect from the date of promulgation