According to the Labor Dispute Mediation and Arbitration Law, after the labor arbitration institution makes an arbitration award, it shall affix the seal of the labor dispute arbitration commission on the award.
People's Republic of China (PRC) labor dispute mediation and arbitration law
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.
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.
Second, the labor arbitration award mode
arbitration award
Xx Lao ren zhong zi [20]
Applicant:
Address:
Entrusted agent:
Respondents:
Domicile:
Legal representative (principal responsible person): Position:
Entrusted agent:
The third person:
Domicile:
Entrusted agent:
After accepting the labor and personnel dispute cases between the applicant and the respondent, the Committee formed an arbitration tribunal according to law and held a public hearing. The applicant, the entrusted agent, the legal representative of the respondent and the entrusted agent attended the arbitration in court, and the case has now ended.
The applicant claims that:
The defendant argued that:
The Committee found that:
The above facts are based on court transcripts, statements of the parties and relevant documentary evidence (or witness testimony, etc.). ), and the evidence is conclusive enough to identify.
The Committee considers that:
According to the provisions of, the ruling is as follows:
One,
Second,
Third,
(Arbitration is final) According to the provisions of Articles 47 and 48 of the Labor Dispute Mediation and Arbitration Law, if a worker refuses to accept this award, 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 within the time limit, the arbitral award shall become legally effective as of the date of making it. If one party refuses to perform the effective arbitration award, the other party may apply to the people's court for enforcement.
(Non-arbitration is final) According to Article 50 of the Labor Dispute Mediation and Arbitration Law,
If a party refuses to accept this award, 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.
If one party refuses to perform the effective arbitration award, the other party may apply to the people's court for enforcement.
Chief arbitrator:
Arbitrator:
Arbitrator:
Clerk:
date month year
Three, how to apply for compulsory enforcement of the effective labor award?
(1) Fulfilling the legally effective conciliation statement and award.
1. A legally effective conciliation statement. Article 42 of the law stipulates that 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.
2. Legally effective awards include: (1) According to the provisions of Article 47 of this Law, once a final award is made, it will become legally effective as of the date it is made; (2) As stipulated in Article 50 of this Law, 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.
3. A legally effective conciliation statement or award can be enforced, and the parties shall perform it within the prescribed time limit. The basic principle of performance is full performance.
(2) Apply to the court for enforcement.
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.
According to the provisions of the Civil Procedure Law, the conciliation statement and award executed by the court shall be executed by the court in the place where the person subjected to execution has his domicile or where the property subjected to execution is located.
If the respondent provides evidence to prove that the arbitral award is under any of the following circumstances, the court shall form a collegial panel to examine and verify it and decide not to execute it: (1) The matters decided are not within the scope of arbitration or the arbitration institution has no right to arbitrate; (2) The composition of the arbitration tribunal or the arbitration procedure violates legal procedures; (3) The main evidence for ascertaining the facts is insufficient; (4) the applicable law is indeed wrong; (5) Arbitrators commit acts of corruption, bribery, favoritism, and perverting the law in arbitrating cases. If the court finds that the execution of the ruling is contrary to the public interest, it shall rule not to execute it.
If the parties or interested parties think that the enforcement act violates the law, they may file a written objection to the court in charge of enforcement. If a party or interested party raises a written objection, the court shall conduct a review within 15 days from the date of receiving the written objection. If the reason is established, it shall make a ruling to cancel or correct it; If the reason cannot be established, the ruling shall be rejected. If a party or interested party refuses to accept the award, it may apply to a higher court for reconsideration within ten days from the date of service of the award.
The above knowledge is Bian Xiao's answer to the question whether the labor arbitration award should be sealed. According to the Labor Dispute Mediation and Arbitration Law, after the labor arbitration institution makes an arbitration award, it shall affix the seal of the labor dispute arbitration commission on the award. reader