When there is a labor dispute between the employee and the employer, the employee may first apply to the Labor Dispute Arbitration Committee for arbitration. The labor dispute arbitration committee may, according to the specific conditions of the employing unit and the laborer, mediate the labor disputes between the two parties. If the mediation is successful, it shall prepare a conciliation statement and send it to both parties to the dispute. So when will labor arbitration and mediation take effect? Today, I will show you the effective time of labor arbitration mediation.

First, the effective time of labor arbitration mediation.

According to Article 14 of People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law, 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 reaches a mediation agreement within fifteen days after receiving the mediation application, the parties may apply for arbitration according to law.

Two, the parties do not implement the effective arbitration mediation and arbitration award?

According to Article 28, Article 30 and Article 368 +0 of the Regulations of People's Republic of China (PRC) Municipality on Handling Enterprise Disputes, if the arbitration tribunal reaches an agreement through mediation, it shall make a conciliation statement according to the contents of the agreement, and the conciliation statement shall become legally effective as of the date it is served on the parties. If one or both parties fail to file a lawsuit against the arbitration award within 15 days, the award will become legally effective after the expiration. The parties shall strictly perform the legally binding conciliation statement and award in accordance with the provisions. If one party fails to implement it within the time limit, the other party may apply to the people's court for compulsory execution. The people's court shall handle it in accordance with the execution procedures stipulated in the Civil Procedure Law. In the process of implementation, the enterprise refuses to arrange work for employees and does not pay wages or benefits. The people's court may, in accordance with the relevant provisions of the Civil Procedure Law, notify banks or credit cooperatives to deduct the wages that should be paid and the welfare benefits that should be enjoyed, and order enterprises to compensate employees for their actual economic losses when necessary.

Three. Effective time of civil mediation

The civil conciliation statement shall take effect after being signed by both parties.

Article 89 of the Civil Procedure Law of People's Republic of China (PRC) * * * If an agreement is reached through mediation, the people's court shall make a conciliation statement. The conciliation statement shall specify the claim, the facts of the case and the result of conciliation.

The conciliation statement shall be signed by the judge and the clerk, stamped with the seal of the people's court and served on both parties.

The conciliation statement has legal effect after being signed by both parties.

The above is about the effective time of labor arbitration mediation. If the labor dispute mediation organization reaches a mediation agreement within 0/5 days from the date of receiving the mediation application, the parties may apply for arbitration according to law. If you have other legal problems, please consult a lawyer in time and provide a professional lawyer. Welcome to have legal advice.