According to the relevant laws and regulations of our country, if the laborer provides false evidence when applying for labor arbitration, and there is evidence to prove it, the employer may apply to the arbitration institution for cancellation of the award.
1. What is the labor arbitration procedure?
(1) Before trial
1, register
Within five days from the date of receiving the application for arbitration, the labor dispute arbitration commission shall accept and notify the applicant if it considers that it meets the acceptance conditions; If it does not meet the acceptance conditions, it shall notify the applicant in writing that it will not be accepted and explain the reasons. If the labor dispute arbitration commission refuses to accept or fails to make a decision within the time limit, the applicant may bring a lawsuit to the people's court on the labor dispute.
2, record acceptance
After accepting the application for arbitration, the labor dispute arbitration commission shall deliver a copy of the application for arbitration to the respondent within five days.
After receiving a copy of the arbitration application, the respondent shall submit a written reply to the labor dispute arbitration committee within ten days. After receiving the defense, the labor dispute arbitration commission shall deliver a copy of the defense to the applicant within five days. The failure of the respondent to submit the written defense shall not affect the arbitration proceedings.
3, inadmissible
Within five days from the date of receiving the application for arbitration, the labor dispute arbitration commission shall accept and notify the applicant if it considers that it meets the acceptance conditions; If it does not meet the acceptance conditions, it shall notify the applicant in writing that it will not be accepted and explain the reasons. If the labor dispute arbitration commission refuses to accept or fails to make a decision within the time limit, the applicant may bring a lawsuit to the people's court on the labor dispute.
4. Pre-trial mediation
(2) Holding a court hearing
(3) Ruling
(4) implementation
1. Materials to be submitted when applying for enforcement of an effective labor arbitration award.
(1) The original application for execution, indicating the basis and reasons for execution, the contents of the application for execution and the property of the person subjected to execution.
Clues, and confirmed by the applicant's signature or seal;
(2) If the applicant is a worker, provide a copy of the applicant's ID card and a copy of the respondent's industrial and commercial registration information;
If the applicant is an employer, a copy of the applicant's business license and the original identity certificate of the legal representative shall be provided.
(3) The original 1 copy of the effective arbitration award issued by the arbitration commission and the original 1 copy of the service receipt;
(4) Original power of attorney for entrusting others 1 copy, and provide citizens with a copy of the agent's ID card 1 copy; If the agent is a lawyer, submit the original letter of introduction from the law firm and a copy of the lawyer's practice certificate.
2. Application fee
There is no need to pay the execution fee in advance when the parties apply.
3. Application period
One year for one or both citizens, and six months for both legal persons or other organizations.
4. Executive body
The people's court where the person subjected to execution is located.
Second, the prosecution refuses to accept the ruling.
If a party refuses to accept the arbitration award of other labor dispute cases other than those stipulated in Article 47 of the Labor Dispute Mediation and Arbitration Law, it may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award; If no prosecution is brought at the expiration of the time limit, the ruling will take legal effect.
Legal basis:
Article 1 14 of the Civil Procedure Law of People's Republic of China (PRC).
If a litigant participant or other person commits one of the following acts, the people's court may impose a fine or detention according to the seriousness of the case; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Forging or destroying important evidence, which hinders the people's court from hearing a case;
(2) using violence, threats or bribes to prevent witnesses from testifying or instigating, bribing or coercing others to commit perjury;
(3) Hiding, transferring, selling off or destroying the property that has been sealed up or detained, or transferring the property that has been counted and ordered to be kept;
(4) Insulting, slandering, framing, beating or retaliating against judicial personnel, participants in litigation, witnesses, translators, expert witnesses, inspectors and assisting executors;
(5) Obstructing judicial personnel from performing their duties by violence, threat or other means;
(6) Refusing to perform a legally effective judgment or ruling of the people's court. The people's court may impose a fine or detention on a unit that commits one of the acts listed in the preceding paragraph; If a crime is constituted, criminal responsibility shall be investigated according to law.
"People's Republic of China (PRC) labor dispute mediation and arbitration law" article 49.
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.