Arbitration refers to the act of submitting a dispute to a neutral third party outside the dispute, and the third party mediates the dispute between the parties and makes an award. According to different applicable objects, arbitration can be divided into civil and commercial arbitration, maritime arbitration and international dispute arbitration. Labor dispute arbitration is an arbitration system aimed at solving labor disputes. Labor dispute arbitration not only has some characteristics of arbitration system, but also has its particularity.
Generally speaking, a valid contract and agreement have the same legal effect. Unless it does not take effect or fails due to some conditions. Contracts or agreements generally differ only in name and title. As long as it does not violate laws and moral habits, the parties can arbitrarily agree on the name, content and form of the contract or agreement, which are all valid.
legal ground
People's Republic of China (PRC) labor contract law
Article 22 Where an employing unit provides special training fees and professional technical training for laborers, it may conclude an agreement with the laborers to stipulate the service period.
If the laborer violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training expenses provided by the employer. The liquidated damages that the employer requires the laborer to pay shall not exceed the training expenses that should be shared for the unfinished part of the service period.
If the employer and the employee agree on the service period, it will not affect the employee's improvement of labor remuneration in accordance with the normal wage adjustment mechanism during the service period. Article 28 If the labor contract is confirmed to be invalid and the laborer has already paid the labor, the employer shall pay the laborer the labor remuneration. The amount of labor remuneration shall be determined with reference to the labor remuneration of workers in the same or similar positions in the unit. Article 32 A laborer who refuses the management personnel of the employing unit to give illegal instructions or force him to take risks shall not be regarded as violating the labor contract.
Laborers have the right to criticize, report and accuse the employer of working conditions that endanger life safety and health.