(Adopted at the 31st meeting of the Standing Committee of the Tenth NPC on February 29th, 2007, 65438+)

catalogue

Chapter I General Provisions

Chapter II Mediation

Chapter III Arbitration

Section 1 General Provisions

Section 2 Application and Acceptance

Section 3 Hearing and ruling

Chapter IV Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is formulated for the purpose of solving labor disputes fairly and promptly, protecting the legitimate rights and interests of the parties concerned and promoting the harmony and stability of labor relations.

Article 2 This Law shall apply to the following labor disputes between employers and employees in People's Republic of China (PRC):

(1) Disputes arising from the confirmation of labor relations;

(2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts;

(3) Disputes arising from delisting, dismissal, resignation or resignation;

(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;

(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;

(six) other labor disputes as prescribed by laws and regulations.

Article 3 The handling of labor disputes shall be based on facts, follow the principles of legality, fairness, timeliness and mediation, and protect the legitimate rights and interests of the parties according to law.

Article 4 In the event of a labor dispute, the laborer may negotiate with the employer, or request the trade union or a third party to negotiate with the employer to reach a settlement agreement.

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to a mediation organization for mediation; Unwilling to mediate, failing to mediate or failing to perform after reaching a mediation agreement, you may apply to the Labor Dispute Arbitration Committee for arbitration; Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court unless otherwise stipulated in this Law.

Article 6 In the event of a labor dispute, the parties have the responsibility to provide evidence for their claims. If the evidence related to the disputed matter belongs to the management of the employer, the employer shall provide it; If the employer fails to provide it, it shall bear the adverse consequences.

Article 7 If there are more than 10 workers who have labor disputes and have the same request, they may nominate representatives to participate in mediation, arbitration or litigation.

Article 8 The labor administrative department of the people's government at or above the county level shall establish a tripartite mechanism to coordinate labor relations with representatives of trade unions and enterprises, and jointly study and solve major issues of labor disputes.

Article 9 If the employing unit violates the provisions of the state, it is in arrears or fails to pay the labor remuneration in full, or is in arrears with the medical expenses for work-related injuries, economic compensation or compensation, the employee may complain to the labor administrative department, which shall handle it according to law.

Chapter II Mediation

Tenth labor disputes, the parties may apply to the following mediation organizations for mediation:

(a) the enterprise labor dispute mediation committee;

(2) Grassroots people's mediation organizations established according to law;

(three) 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.

Article 11 Mediators of labor dispute mediation organizations shall be adult citizens who are fair and upright, keep in touch with the masses, are enthusiastic about mediation, and have certain legal knowledge, policy level and cultural level.

Twelfth parties to apply for labor dispute mediation can apply 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.

Thirteenth mediation of labor disputes, we should fully listen to the facts and reasons stated by both parties, patiently guide and help them reach an agreement.

Article 14 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.

Fifteenth after reaching a mediation agreement, if one party fails to perform the mediation agreement within the agreed time limit, the other party may apply for arbitration according to law.

Article 16 If a mediation agreement is reached on the payment of unpaid labor remuneration, work-related injury medical expenses, economic compensation or compensation, and the employer fails to perform it within the agreed time limit, the employee may apply to the people's court for a payment order according to law with the mediation agreement. The people's court shall issue a payment order according to law.

Chapter III Arbitration

Section 1 General Provisions

Seventeenth labor dispute arbitration committee shall be established in accordance with the principle of overall planning, rational layout and adaptation to actual needs. The people's governments of provinces and autonomous regions may decide to set up in cities and counties; The people's government of a municipality directly under the Central Government may decide to establish it in a district or county. Municipalities directly under the central government and cities divided into districts may also set up one or more labor dispute arbitration committees. The labor dispute arbitration commission shall not be established according to the administrative divisions.

Article 18 The labor administrative department of the State Council shall formulate arbitration rules in accordance with the relevant provisions of this Law. The labor administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall guide the arbitration of labor disputes within their respective administrative areas.

Article 19 A labor dispute arbitration committee shall be composed of representatives from the labor administrative department, trade unions and enterprises. The members of the labor dispute arbitration committee shall be singular.

The labor dispute arbitration committee shall perform the following duties according to law:

(a) the appointment and dismissal of full-time or part-time arbitrators;

(2) Accepting labor dispute cases;

(three) to discuss major or difficult labor dispute cases;

(four) to supervise the arbitration activities.

The Labor Dispute Arbitration Commission has an office, which is responsible for the daily work of the Labor Dispute Arbitration Commission.

Twentieth labor dispute arbitration committee shall establish a roster of arbitrators.

An arbitrator shall be impartial and meet one of the following conditions:

(1) Having served as a judge;

(two) engaged in legal research and teaching, and with intermediate titles or above;

(3) Having legal knowledge and having been engaged in professional work such as human resource management or trade unions for five years;

(4) Having worked as a lawyer for three years.

Twenty-first labor dispute arbitration committee is responsible for the jurisdiction of labor disputes.

Labor disputes shall be under the jurisdiction of the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located. Where both parties apply for arbitration to the labor dispute arbitration committee in the place where the labor contract is performed and the place where the employer is located, it shall be under the jurisdiction of the labor dispute arbitration committee in the place where the labor contract is performed.

Article 22 Laborers and employers are parties to labor dispute arbitration cases.

When there is a labor dispute between the labor dispatch unit or the employer and the employee, the labor dispatch unit and the employer are the same party.

Article 23 A third person who has an interest in the outcome of a labor dispute case may apply to participate in arbitration activities, or be notified by the labor dispute arbitration committee to participate in arbitration activities.

Article 24 A party may entrust an agent to participate in arbitration activities. To entrust others to participate in arbitration activities, a power of attorney signed or sealed by the client shall be submitted to the labor dispute arbitration commission, and the power of attorney shall specify the entrusted matters and authority.

Twenty-fifth workers who have lost or partially lost their capacity for civil conduct shall participate in arbitration activities on their behalf by their legal representatives; If there is no legal representative, the labor dispute arbitration commission shall appoint an agent for him. If a laborer dies, his close relatives or agents shall participate in arbitration activities.

Article 26 Labor dispute arbitration shall be conducted in public, unless the parties agree not to conduct it in public or involve state secrets, business secrets and personal privacy.

Section 2 Application and Acceptance

Article 27 The limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed.

The limitation of arbitration stipulated in the preceding paragraph shall be interrupted because one party claims the rights of the other party, or requests the relevant departments to provide rights relief, or the other party agrees to perform its obligations. The limitation of arbitration shall be recalculated from the time of interruption.

If the parties fail to apply for arbitration within the time limit stipulated in the first paragraph of this article due to force majeure or other legitimate reasons, the arbitration period shall be suspended. The limitation period of arbitration shall continue to be counted from the date when the reasons for suspension of limitation are eliminated.

If there is a dispute over the arrears of labor remuneration during the existence of labor relations, the employee's application for arbitration is not limited by the limitation period of arbitration stipulated in the first paragraph of this article; However, if the labor relationship is terminated, it shall be proposed within one year from the date of termination of the labor relationship.

Article 28 When applying for arbitration, the applicant shall submit an application for arbitration, and submit copies according to the number of respondents.

The application for arbitration shall contain the following items:

(a) the name, sex, age, occupation, work unit and domicile of the laborer, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;

(2) The arbitration claim and the facts and reasons on which it is based;

(3) Evidence and its sources, names and residences of witnesses.

If it is really difficult to write an arbitration application, you can apply orally, which will be recorded by the labor dispute arbitration Committee and informed to the other party.

Twenty-ninth labor dispute arbitration committee within five days from the date of receiving the application for arbitration, that meets the acceptance conditions, it shall accept and notify the applicant; 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.

Article 30 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.

Section 3 Hearing and ruling

Article 31 The labor dispute arbitration committee shall adopt the arbitration tribunal system in handling labor dispute cases. The arbitration tribunal consists of three arbitrators, with a presiding arbitrator. Simple labor dispute cases can be arbitrated by an arbitrator alone.

Article 32 The labor dispute arbitration commission shall notify the parties in writing of the composition of the arbitration tribunal within five days from the date of accepting the arbitration application.

Article 33 An arbitrator shall withdraw under any of the following circumstances, and the parties have the right to apply for withdrawal orally or in writing:

(1) Being a party to the case or a close relative of a party or agent;

(2) Having an interest in the case;

(3) Having other relations with the parties or agents in this case, which may affect impartiality;

(four) to meet the parties or agents in private, or to accept the guests and gifts from the parties or agents.

The labor dispute arbitration commission shall make a timely decision on the application for withdrawal and notify the parties orally or in writing.

Article 34 An arbitrator who commits any of the circumstances specified in Item 4 of Article 33 of this Law, or who commits bribery, engages in malpractices for personal gain, or perverts the law, shall bear legal responsibilities according to law. The labor dispute arbitration committee shall be dismissed.

Article 35 The arbitration tribunal shall notify both parties in writing of the date and place of the hearing five days before the hearing. If the parties have justified reasons, they may request an extension of the hearing three days before the hearing. The extension or not shall be decided by the labor dispute arbitration commission.

Article 36 If the applicant refuses to appear in court without justifiable reasons after receiving the written notice or withdraws from court without the consent of the arbitration tribunal, it may be regarded as withdrawing the arbitration application.

If the respondent has been notified in writing and refuses to appear in court without justifiable reasons or withdraws from the court without the consent of the arbitration tribunal, it may make an award by default.

Article 37 If the arbitration tribunal deems it necessary to appraise specialized issues, it may submit them to an appraisal institution agreed by the parties for appraisal. If the parties fail to reach an agreement or an agreement cannot be reached, it shall be appraised by an appraisal institution designated by the arbitration tribunal.

According to the request of the parties or the request of the arbitration tribunal, the appraisal institution shall send appraisers to attend the hearing. With the permission of the arbitration tribunal, the parties may ask questions to the appraisers.

Article 38 The parties have the right to conduct cross-examination and debate in the process of arbitration. After the cross-examination and debate, the presiding arbitrator or the sole arbitrator shall consult the final opinions of the parties.

Article 39 If the evidence provided by the parties is verified, the arbitration tribunal shall take it as the basis for ascertaining the facts.

If the laborer is unable to provide the evidence related to the arbitration request controlled and managed by the employer, the arbitration tribunal may require the employer to provide it within a specified time limit. If the employer fails to provide it within the prescribed time limit, it shall bear the adverse consequences.

Article 40 The arbitration tribunal shall record the hearing. If the parties and other arbitration participants think that there are omissions or errors in the records of their statements, they have the right to apply for correction. If no correction is made, the application shall be recorded.

The written record shall be signed or sealed by the arbitrator, the recorder, the parties and other arbitration participants.

Article 41 After applying for labor dispute arbitration, the parties may resolve the dispute by themselves. If a settlement agreement is reached, the arbitration application may be withdrawn.

Article 42 Before making an award, the arbitration tribunal shall conduct mediation first.

If an agreement is reached through mediation, the arbitration tribunal shall make a conciliation statement.

The conciliation statement shall specify the arbitration request and the result of the agreement between the two parties. 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.

Before the conciliation statement is served, if the conciliation fails or one party reneges, the arbitration tribunal shall make an award in time.

Article 43 The arbitration tribunal shall make a ruling on the labor dispute case within 45 days from the date when the labor dispute arbitration commission accepts the arbitration application. If the case is complicated and needs to be postponed, it may be postponed with the approval of the chairman of the labor dispute arbitration commission, and the parties concerned shall be notified in writing, but the extension period shall not exceed fifteen days. If the arbitration award is not made within the time limit, the parties may bring a lawsuit to the people's court on the labor dispute.

When the arbitration tribunal hears a labor dispute case, some facts are already clear, and it can make an award on that part first.

Article 44 The arbitration tribunal may, at the request of the parties, make an enforcement ruling on cases requiring payment of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, and transfer it to the people's court for enforcement.

If the award of the arbitration tribunal is executed first, the following conditions shall be met:

(a) the rights and obligations between the parties are clear;

(2) Failure to implement it first will seriously affect the life of the applicant.

If the laborer applies for prior execution, he may not provide guarantee.

Article 45 An award shall be made in accordance with the opinions of the majority of arbitrators, and the different opinions of a few arbitrators shall be recorded in the record. When the arbitration tribunal cannot form a majority opinion, the award shall be made in accordance with the opinion of the presiding arbitrator.

Article 46 An award shall clearly state the arbitration claim, the disputed facts, the reasons for the award, the award result and the date of the award. The award shall be signed by the arbitrator and stamped with the seal of the Labor Dispute Arbitration Commission. The arbitrator who disagrees with the award may or may not sign.

Article 47 The arbitration award of the following labor disputes is final and takes legal effect as of the date of making it, except as otherwise provided by this Law:

(a) labor remuneration, medical expenses for work-related injuries, economic compensation or the amount of compensation not exceeding the local minimum monthly wage 12 months;

(two) disputes arising from the implementation of national labor standards in terms of working hours, rest and vacation, social insurance, etc.

Article 48 A laborer who refuses to accept the arbitration award stipulated in Article 47 of this Law may bring a lawsuit in a people's court within 15 days from the date of receiving the arbitration award.

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.

Article 50 If a party refuses to accept the arbitration award of other labor dispute cases other than those stipulated in Article 47 of this Law, he 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.

Article 51 The parties shall perform a legally effective conciliation statement or award within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for execution in accordance with the relevant provisions of the Civil Procedure Law. The people's court that accepts the application shall execute it according to law.

Chapter IV Supplementary Provisions

Article 52 This Law shall be applicable to any labor dispute between the staff of a public institution that implements the employment system and its own unit; Where laws, administrative regulations or the State Council have other provisions, those provisions shall prevail.

Article 53 There is no charge for labor dispute arbitration. The funds of the labor dispute arbitration commission shall be guaranteed by the finance.

Article 54 This Law shall come into force as of May 6, 2008.