Invalid labor arbitration can be withdrawn by submitting a written application for cancellation of labor arbitration.
If a laborer refuses to accept the arbitration award stipulated in Article 47 of this Law, he may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award. If the employer has evidence to prove that the arbitration award stipulated in Article 47 of this Law has any of the following circumstances, it may, within 30 days from the date of receiving the arbitration award, apply to the Intermediate People's Court where the labor dispute arbitration commission is located for cancellation of the award.
legal ground
People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law Article 41 After applying for labor dispute arbitration, the parties may settle the dispute by themselves. If a settlement agreement is reached, the arbitration application may be withdrawn.
Article 42 Arbitration Tribunal Mediation The arbitration tribunal shall conduct mediation before making an award.
If an agreement is reached through mediation, the arbitration tribunal shall make a conciliation statement.
The conciliation statement shall specify the arbitration request and the result of the agreement between the two parties. The conciliation statement shall be signed by the arbitrator, stamped with the seal of the Labor Dispute Arbitration Commission and served on both parties. The conciliation statement shall have legal effect after it is signed by both parties.
Before the conciliation statement is served, if the conciliation fails or one party reneges, the arbitration tribunal shall make an award in time.
People's Republic of China (PRC) labor dispute mediation and arbitration law
Article 49 The employing unit applies for cancellation of the final award. If the employer has evidence to prove that the arbitration award stipulated in Article 47 of this Law has any of the following circumstances, it may, within 30 days from the date of receiving the arbitration award, apply to the Intermediate People's Court where the labor dispute arbitration commission is located for cancellation of the award:
(a) the application of laws and regulations is indeed wrong;
(two) the labor dispute arbitration commission has no jurisdiction;
(3) Violating legal procedures;
(4) The evidence on which the award is based is forged;
(5) The other party has concealed enough evidence to affect judicial justice;
(6) An arbitrator, in arbitrating a case, commits bribery, engages in malpractices for personal gain or perverts the law.
The people's court shall form a collegial panel to examine and verify, and if it considers that the ruling is under any of the circumstances specified in the preceding paragraph, it shall make a ruling to revoke it.
If the arbitral award is revoked by the people's court, the parties may bring a lawsuit to the people's court within 15 days from the date of receiving the award.