The Labor Dispute Arbitration Committee performs the following duties in accordance with the law:

(1) Appoint and dismiss full-time or part-time arbitrators;

(2) Accept labor dispute cases;

(3) Discuss major or difficult labor dispute cases;

(4) Supervise arbitration activities. The Labor Dispute Arbitration Committee has an office responsible for handling the daily work of the Labor Dispute Arbitration Committee. If the parties are dissatisfied with the arbitration, they may file a lawsuit with the People's Court within 15 days from the date of receipt of the arbitration award. If one party neither initiates a lawsuit nor performs the arbitration award within the statutory time limit, the other party may apply to the People's Court for compulsory enforcement.

Rules for Arbitration and Handling of Labor and Personnel Disputes

Chapter 1

Article 1 is for the fair and timely handling of labor and personnel disputes (hereinafter referred to as disputes) and standardizes the handling of arbitration cases Procedures, in accordance with the "Labor Dispute Mediation and Arbitration Law of the People's Republic of China" (hereinafter referred to as the Mediation and Arbitration Law), the "Civil Service Law of the People's Republic of China" (hereinafter referred to as the Civil Servant Law), and the "Regulations on Civilian Personnel of the People's Liberation Army of China" 》 and relevant laws and regulations and relevant provisions of the State Council to formulate these rules.

Article 2: These rules apply to the arbitration of the following disputes:

(1) Between enterprises, individual economic organizations, private non-enterprise units and other organizations and workers, as well as between agencies and institutions Between units and social groups and the workers who have established labor relations, due to the confirmation of labor relations, the conclusion, performance, modification, cancellation and termination of labor contracts, working hours, rest and vacation, social insurance, welfare, training and labor protection, labor remuneration, Disputes over medical expenses for work-related injuries, economic compensation or damages, etc.;

(2) Between agencies that implement the Civil Service Law and civil servants under the appointment system, or between agencies (units) managed with reference to the Civil Service Law and employed staff Disputes arising from the performance of employment contracts;

(3) Disputes arising from the termination of personnel relations and the performance of employment contracts between public institutions and staff due to removal, dismissal, resignation, resignation, etc.;

(4) Disputes between social groups and staff due to termination of personnel relations such as removal, dismissal, resignation, resignation, etc. and the performance of employment contracts;

(5) Units employing military civilian personnel and civilian personnel Disputes arising between personnel due to the performance of employment contracts;

(6) Other disputes stipulated by laws and regulations to be handled by the arbitration committee.

Article 3: When handling dispute cases, the arbitration committee shall follow the principles of legality and fairness, mediate first, and make a timely ruling.

Article 4: For disputes involving more than ten workers on one side, or labor disputes arising from the performance of collective contracts, the arbitration committee may give priority to filing and hearing the case.

When the arbitration committee handles labor disputes arising from the performance of collective contracts, it shall form an arbitral tribunal in accordance with the tripartite principle.

Chapter 2 General Provisions

Article 5 If a labor dispute arising from the performance of a collective contract cannot be resolved through negotiation, the trade union may apply for arbitration in accordance with the law; if a trade union has not yet been established, the superior shall The trade union directs representatives elected by workers to apply for arbitration in accordance with the law.

Article 6 If there are more than ten workers on one side of the dispute and there is a request for approval, the workers can nominate three to five representatives to participate in arbitration activities.

Article 7 The act of a representative participating in arbitration shall be effective for the party he represents. However, if the representative changes or abandons the arbitration request, or acknowledges the other party’s arbitration request, or conducts a settlement, the representative must obtain approval from the represented party. agree.

Article 8 If the employer in which the dispute arises has its business license revoked, is ordered to close down or cancel, or the employer decides to dissolve or go out of business early and is unable to assume relevant responsibilities, its investor, founding unit or competent authority shall be punished in accordance with the law. As a co-party of ***.

Article 9 If a dispute arises between a worker and an individual contractor and he applies to the arbitration committee for arbitration in accordance with the law, the contracting organization and the individual contractor shall be the parties.

Article 10: If any of the following circumstances occurs during the limitation period for applying for arbitration of a dispute, the arbitration limitation period will be interrupted; from the time of interruption, the arbitration limitation period will be recalculated:

(1) ) One party asserts rights against the other party through negotiation, application for mediation, etc.;

(2) One party files a complaint with the relevant department, applies for arbitration to the arbitration committee, files a lawsuit with the People's Court, or applies for a payment order, etc. Requesting rights relief through other means;

(3) The other party agrees to perform its obligations.

Article 11 If a party cannot apply for arbitration within the prescribed arbitration limitation period due to force majeure, or other legitimate reasons such as the legal representative of an employee with or without capacity for civil conduct or with limited capacity for civil conduct has not been determined, The statute of limitations for arbitration is suspended. The arbitration limitation period continues to be calculated from the date the reason for suspending the limitation period is eliminated.

Article 12 The place where the labor contract is performed is the actual workplace of the employee, and the location of the employer is the place where the employer is registered. If the employer has not been registered or registered, the location of its investor, founding unit or competent department shall be the location of the employer. After the case is accepted, if the place where the labor contract is performed and the location of the employer changes, the jurisdiction of the dispute arbitration will not be changed.

If multiple arbitration committees have jurisdiction, the arbitration committee that accepts the case first shall have jurisdiction.

Article 13 If the arbitration committee finds that the accepted case does not fall within its jurisdiction, it shall transfer it to the arbitration committee with jurisdiction and notify the parties in writing. For the above-mentioned transferred cases, the arbitration committee to which the transfer is made shall accept them in accordance with the law. If the transferred arbitration committee believes that the transferred case does not fall within the jurisdiction of the arbitration committee in accordance with the regulations, or if the arbitration committees cannot reach an agreement due to jurisdictional disputes, they shall report it to the competent authority of the arbitration committee at the upper level with the agreement to designate jurisdiction.

Article 14 If a party raises an objection to jurisdiction, it shall do so in writing before the expiration of the defense period. If a party submits an arbitration award after the time limit, it will not affect the conduct of the arbitration proceedings. If the party is dissatisfied with the arbitration award, it may file a lawsuit with the People's Court or apply for annulment in accordance with the law.

Article 15 When a party files an application for recusal, it shall state the reasons and submit it at the beginning of the case; if the reason for recusal is known after the case begins, it may also be submitted before the end of the court debate; If it is submitted after the conclusion, it will not affect the conduct of the arbitration proceedings. If the parties are dissatisfied with the arbitration award, they may file a lawsuit in the People's Court or apply for annulment in accordance with the law. The person who has been applied for disqualification shall suspend his or her participation in the handling of the case until the arbitration committee makes a decision on whether to recuse himself or herself, unless emergency measures are required due to the case.

Article 16 Whether to withdraw an arbitrator shall be decided by the director of the arbitration committee or the person in charge of the office authorized by him. It shall be decided by the Arbitration Committee whether the director of the Arbitration Committee shall withdraw from serving as the arbitrator of the case.

Article 17 The parties concerned are responsible for providing evidence for their claims. If the evidence related to the disputed matter is under the control of the employer, the employer shall provide it; if the employer fails to provide it, it shall bear adverse consequences.

Article 18 When there are no specific provisions in the law and the burden of proof cannot be determined in accordance with Article 17 of these Rules, the arbitral tribunal may determine the burden of proof based on the principles of fairness and good faith, taking into account the parties’ ability to produce evidence and other factors. The burden of proof is borne.

Article 19 The party bearing the burden of proof shall provide relevant evidence within the time limit designated by the arbitration committee. If the party fails to provide it within the specified time limit, it shall bear adverse consequences.

Article 20 If the parties are unable to collect evidence on their own due to objective reasons, the arbitration committee may collect it based on the application of the parties and with reference to the relevant provisions of the Civil Procedure Law of the People's Republic of China; the arbitration committee believes that If necessary, you may also decide to collect it with reference to the relevant provisions of the Civil Procedure Law of the People's Republic of China.

Article 21 When the arbitration committee investigates and collects evidence in accordance with the law, relevant organizations and individuals shall assist and cooperate.

Article 22: Matters involving the form of evidence, submission of evidence, exchange of evidence, cross-examination of evidence, identification of evidence, etc. in dispute resolution shall be governed by the relevant provisions of the Civil Procedure Evidence Rules.

Article 23 The arbitration period includes the statutory period and the period designated by the arbitration committee. The Arbitration Commission's service of arbitration documents must be accompanied by a service receipt, and the recipient shall record the date of receipt, signature or seal on the service receipt. The date of receipt signed by the recipient on the delivery receipt shall be the date of delivery. For the calculation of the arbitration period and the method of service of arbitration documents, the arbitration committee may refer to the relevant provisions of the civil litigation on the calculation of the period and the method of service.

Article 24 After the case handling is completed, the arbitration committee shall file all materials generated during the handling process.

Article 25 Arbitration case files shall be bound into main files and supplementary files. The main document includes: arbitration application, notice of acceptance (not accepted), statement of defense, identity certificate of the legal representative, power of attorney, investigation evidence, inspection records, hearing notice, court hearing records, extension notice, and arbitration recommendations Letters, mediation letters, award letters, service receipts, etc. The supplementary files include: evaluation records, case filing approval form, investigation outline, review transcripts, meeting transcripts, drafts, case closing approval form, etc.

Article 26 The arbitration committee shall establish a file review system. For content that does not need to be kept confidential, the parties and their agents should be allowed to inspect and copy it.

Article 27: Case files concluded through arbitration mediation and other methods shall be kept for no less than five years, and case files concluded through arbitration awards shall be kept for no less than ten years. If the state provides otherwise, such files shall be kept for no less than five years. Regulation. Case files after the expiration of the retention period should be disposed of in accordance with the relevant national archives management regulations.

Article 28 If state secrets or military secrets are involved in arbitration activities, the relevant confidentiality regulations of the state and the military shall be followed.

Chapter 3 Arbitration Procedure

Section 1 Application and Acceptance

Article 29 The applicant applying for arbitration shall submit a written application for arbitration and submit it in accordance with the Number of applicants to submit copies. The arbitration application shall specify the following matters:

(1) The name, gender, age, occupation, work unit, residence, mailing address and contact number of the employee, and the name, residence, mailing address of the employer , contact number and name and position of the legal representative or principal responsible person;

(2) Arbitration request and the facts and reasons based on it;

(3) Evidence and sources of evidence , name and residence of the witness.

If it is really difficult to write an arbitration application, you can apply orally, which will be recorded in the transcript by the arbitration committee and confirmed by the applicant's signature or seal. If the applicant's written arbitration application materials are complete, the arbitration committee shall issue a receipt of receipt. If the arbitration application is not standardized or the materials are incomplete, the arbitration committee shall notify the applicant on the spot or within five days of all the materials that need to be supplemented and corrected. If the applicant supplements and corrects all materials as required, the arbitration committee shall issue a receipt of receipt.

Article 30 The Arbitration Commission shall accept an arbitration application that meets the following conditions and issue a notice of acceptance to the applicant within five days from the date of receipt of the arbitration application:

(1) It falls within the scope of the dispute specified in Article 2 of these Rules;

(2) There is a clear arbitration request and factual reasons;

(3) Within the statutory limitation period for applying for arbitration Within;

(4) Within the jurisdiction of the arbitration committee.

Article 31 The arbitration committee will not accept an arbitration application that does not comply with any of the first, second, and third provisions of Article 30, and shall, within five days from the date of receipt of the arbitration application, Issue a notice of rejection to the applicant. For an arbitration application that does not comply with the provisions of Article 30, Paragraph 4, the arbitration committee shall, within five days from the date of receipt of the arbitration application, make a written explanation to the applicant and inform the applicant to apply for arbitration to the arbitration committee with jurisdiction. If the arbitration committee fails to make a decision within the time limit or decides not to accept the case, the applicant may file a lawsuit with the People's Court regarding the dispute.

Article 32 After accepting the case, the arbitration committee finds that it should not be accepted, except as provided in Article 13 of these rules, it shall withdraw the case, and within five days after deciding to withdraw the case, the arbitration committee shall, in accordance with these rules, The parties shall be notified in writing of the provisions of Article 31.

Article 33: When the applicant applies for arbitration, the arbitration committee can guide the parties to resolve the dispute through consultation, mediation, etc., and provide necessary legal explanations and risk warnings.

Article 34 After the arbitration committee accepts the arbitration application, it shall serve a copy of the arbitration application to the respondent within five days.

After receiving a copy of the arbitration application, the respondent shall submit a statement of defense to the arbitration committee within ten days. After receiving the statement of defense, the arbitration committee shall serve a copy of the statement of defense to the applicant within five days. If the respondent fails to submit a statement of defense within the time limit, the progress of the arbitration proceedings will not be affected.

Article 35 The respondent may submit a counter-application during the defense period. The arbitration committee shall decide whether to accept the counter-application within five days from the date of receipt of the counter-application and notify the respondent. If it decides to accept the case, the arbitration committee may combine the counter-application and the application for processing. If the counterclaim is a dispute that should be submitted to arbitration separately, the arbitration committee shall notify the respondent in writing to apply for arbitration separately; if the counterclaim is a dispute that does not fall within the scope of these rules and should be accepted, the arbitration committee shall issue a non-acceptance notice to the respondent. Notice. If the respondent files a counter-application against the applicant after the expiration of the defense period, it shall file a separate counter-application and handle the case separately.

Section 2 Hearings and Awards

Article 36 The arbitration committee shall form an arbitral tribunal within five days from the date of accepting the arbitration application and notify the parties in writing of the formation of the arbitral tribunal. .

Article 37 The arbitral tribunal shall notify both parties in writing of the date and location of the hearing five days before the hearing. If the parties have legitimate reasons, they may request to postpone the hearing three days before the hearing. Whether to postpone or not will be decided by the arbitration committee based on the actual situation.

Article 38 If the applicant receives a written notice and refuses to appear in court without justifiable reasons or leaves the court midway without the consent of the arbitral tribunal, it may be treated as withdrawing the arbitration application. If the applicant re-applies for arbitration, The arbitration committee will not accept the application. If the respondent receives a written notice and refuses to appear in court without justifiable reasons or leaves the court midway without the consent of the arbitral tribunal, an award may be made in absentia.

Article 39 During the court hearing, the arbitrator shall listen to the statement of the claimant and the defense of the respondent, preside over the court investigation, cross-examination and debate, solicit the final opinions of the parties, and conduct mediation.

Article 40 The arbitral tribunal shall record the proceedings of the hearing in the transcript. If a party or other arbitration participant believes that there are omissions or errors in the record of his/her statement, he or she has the right to apply for correction. If the arbitral tribunal considers that the application is unreasonable or unnecessary, it may not make any corrections, but it shall record the application. The arbitrator, recorder, parties and other arbitration participants shall sign or seal the court transcript. If a party or other arbitration participant refuses to sign or seal the trial transcript, the arbitral tribunal shall record the situation and attach it to the file.

Article 41 The applicant may submit an additional or modified arbitration request before the expiration of the time limit for producing evidence; if the arbitral tribunal considers that the applicant’s additional or modified arbitration request should be accepted after reviewing the request, it shall notify the respondent. A period of defense shall be given, unless the respondent expressly expresses his intention to waive the period of defense. If the applicant submits an additional or modified arbitration request after the expiration of the time limit for producing evidence, it shall submit a separate request and handle it in a separate case.

Article 42 After applying for arbitration, the parties may reconcile on their own. If a settlement agreement is reached, the arbitration application can be withdrawn, or the arbitral tribunal can be requested to prepare a mediation statement based on the settlement agreement.

Article 43 If an agreement is reached through arbitration and mediation, the arbitral tribunal shall prepare a mediation document. The mediation letter shall state the arbitration request and the results of the parties' agreement.

The mediation letter shall be signed by the arbitrator, stamped with the seal of the arbitration committee, and served to both parties. The mediation document becomes legally effective after it is signed by both parties. If mediation fails or one party regrets before the mediation letter is served, the arbitral tribunal shall make a timely award.

Article 44 The arbitral tribunal shall decide the case within 45 days from the date when the arbitration committee accepts the arbitration application. If the case is complicated and requires an extension, it may be extended with the approval of the chairman of the arbitration committee and the parties shall be notified in writing, but the extension period shall not exceed fifteen days.

Article 45 In the following circumstances, the arbitration period shall be calculated according to the following provisions:

(1) If the applicant needs to supplement and correct materials, the time when the arbitration committee receives the arbitration application shall be from The period of arbitration shall be calculated from the date when the materials are supplemented and corrected;

(2) If an arbitration application is added or changed, the arbitration period shall be recalculated from the date of acceptance of the added or changed arbitration application;

(3) Arbitration If the application and counter-application are combined, the arbitration period shall be recalculated from the date of acceptance of the counter-application;

(4) If the case is transferred to the jurisdiction, the arbitration period shall be calculated from the date of acceptance of the transfer;

< p>(5) The period of suspension of the trial will not be included in the arbitration period;

(6) There are other circumstances that should be calculated separately according to laws and regulations. Article 46 If the relevant agency is requested for instructions due to unclear basis for handling the case, or the handling of the case needs to wait for the determination of work-related injury, appraisal of disability level, judicial appraisal conclusion, service of announcement, or other objective circumstances that require the suspension of the arbitration trial, the arbitration committee shall With the approval of the director, the case trial may be suspended and the parties concerned shall be notified in writing. After the objective circumstances that caused the suspension of the trial are eliminated, the arbitral tribunal shall resume the trial.

Article 47 If a party files a lawsuit with the People's Court because the arbitral tribunal fails to make an arbitration award within the time limit, the arbitration committee shall rule to terminate the hearing of the case; if the party fails to file a lawsuit with the People's Court on the disputed matter, If both parties agree to continue the arbitration, the arbitration committee can continue to handle the case and make a ruling.

Article 48 When the arbitral tribunal adjudicates a case, part of the facts are already clear, and it can make a ruling on that part first. If the parties reach a mediation agreement on that part, they can issue a mediation letter first. If a party is dissatisfied with the preliminary award, it may be handled in accordance with the relevant provisions of the Mediation and Arbitration Law.

Article 49 When the arbitral tribunal adjudicates a case, if the content of the award involves both a final award and a non-final award, it shall make separate awards and inform the parties of the corresponding relief rights.

Article 50: In cases involving recovery of labor remuneration, work-related injury medical expenses, economic compensation or damages, the arbitral tribunal may, based on the application of the parties, make an order for enforcement first and transfer it to the People's Court for enforcement. If the arbitral tribunal's award is to be executed first, the following conditions must be met:

(1) The rights and obligations between the parties are clear;

(2) Failure to execute first will seriously affect the applicant life. If the employee applies for advance execution, he does not need to provide a guarantee.

Article 51 The award shall be made in accordance with the opinions of the majority of the arbitrators, and the different opinions of the minority arbitrators shall be recorded in the transcript. When the arbitral tribunal cannot form a majority opinion, the award shall be made in accordance with the opinion of the chief arbitrator.

Article 52 The award shall state the arbitration request, the facts of the dispute, the reasons for the award, the outcome of the award, the rights of the parties and the date of the award. The award shall be signed by the arbitrator and stamped with the seal of the arbitration committee. Arbitrators who disagree with the award may or may not sign.

Article 53 The arbitral tribunal shall make timely corrections to any wording or calculation errors in the award or matters that the arbitral tribunal has already ruled but are omitted from the award and serve them to the parties.

Article 54: For simple dispute cases with clear rights and obligations and clear facts, or other dispute cases agreed by both parties, the arbitration committee may appoint an arbitrator to handle it alone, and may do so during the court hearing. , case investigation, service of arbitration documents, adjudication methods, etc. will be handled simply.

Article 55 If a party is dissatisfied with the award and files a lawsuit with the People's Court, it shall be handled in accordance with the relevant provisions of the Mediation and Arbitration Law.

Chapter 4 Supplementary Provisions

Article 56 Matters involved in the arbitration of personnel disputes that are not provided for in these rules shall be implemented in accordance with the relevant provisions of the "Provisions on the Handling of Personnel Disputes".

Article 57 The “three days” and “five days” specified in these rules refer to working days.

Article 58 These rules shall come into effect on the date of promulgation. The "Labor Dispute Arbitration Committee Case Handling Rules" promulgated by the former Ministry of Labor on October 18, 1993 and the "Personnel Dispute Handling Rules" promulgated by the former Ministry of Personnel on September 6, 1999 were abolished at the same time.