Mediation of labor disputes has legal effect. The arbitration tribunal shall conduct mediation before making an award. 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.
Legal objectivity:
According to the provisions of labor laws, regulations and rules, if there is a labor dispute between the employer and the employee, the parties may apply for mediation, arbitration or bring a lawsuit according to law, or settle it through consultation. However, the mediation agreement made by the mediation organization (enterprise mediation committee, trade union or labor administrative department) according to the negotiation results of both parties has no enforceable legal effect. If one party fails to perform the mediation agreement, the other party cannot apply to the people's court for enforcement. Only the conciliation statement made by the labor dispute arbitration commission and the people's court authorized by the state according to the negotiation results of the parties in the process of arbitration and litigation has legal effect. If one party fails to perform the conciliation statement made by the labor dispute arbitration commission and the people's court, the other party may apply to the people's court for compulsory execution. Labor dispute mediation refers to the mediation committee's activities to promote mutual understanding and accommodation, reach an agreement through democratic consultation and eliminate disputes on the basis of finding out facts, distinguishing right from wrong and distinguishing responsibilities according to national labor laws and regulations and enterprise rules and labor contracts formulated according to law. Labor dispute mediation is an activity to solve internal disputes under the auspices of the enterprise mediation Committee. Although mediation is not a necessary procedure to deal with labor disputes, it is the "first line of defense" in the labor dispute handling system, which plays a huge role in solving labor disputes, especially for employees who want to still work in their original units. Mediation is the first step to solve labor disputes. It has the advantages of being timely, easy to know the situation and convenient for both parties to participate in mediation activities, and it is an important part of China's labor dispute handling system. What are the relevant knowledge-based labor mediation organizations? (1) enterprise labor dispute mediation committee (2) grassroots people's mediation organizations (3) organizations with labor dispute mediation functions established in towns and streets. The enterprise labor dispute mediation committee consists of employee representatives and enterprise representatives. In the event of a labor dispute, the parties may apply to the following mediation organizations for mediation: Enterprise Labor Dispute Mediation Committee; Grassroots people's mediation organizations established according to law; Organizations established in towns and streets with the function of labor dispute mediation. The enterprise labor dispute mediation committee consists of employee representatives and enterprise representatives. The representatives of the staff and workers shall be members of the trade union or elected by all the staff and workers, and the representatives of the enterprise shall be designated by the person in charge of the enterprise. The director of the enterprise labor dispute mediation committee shall be a trade union member or a person recommended by both parties. Mediators of labor dispute mediation organizations shall be adult citizens who are fair and upright, contact with the masses, are enthusiastic about mediation, and have certain legal knowledge, policy level and cultural level. The parties may apply for labor dispute mediation in writing or orally. If the application is made orally, the mediation organization shall record the basic information of the applicant, the disputed matters, the reasons and time for applying for mediation on the spot. Mediation of labor disputes should fully listen to the statements of facts and reasons of both parties, patiently guide them and help them reach an agreement. If an agreement is reached through mediation, a mediation agreement shall be made. The mediation agreement shall be signed or sealed by both parties, and shall come into force after being signed by the mediator and stamped with the seal of the mediation organization, and shall be binding on both parties, and both parties shall perform it. If the labor dispute mediation organization fails to reach a mediation agreement within fifteen days from the date of receiving the mediation application, the parties may apply for arbitration according to law.