After a worker applies for labor arbitration to the arbitration committee and the case is accepted, the arbitration committee will review the case. After the trial is completed, a ruling will be made. After the ruling is made, an award will be issued and sent to the employer. If it reaches the hands of the parties, will the labor arbitration award it on the spot? The editor will provide readers with relevant answers below.
1. Whether labor arbitration is an on-the-spot ruling. After the labor arbitration committee hears a labor dispute case, whether it is an on-the-spot ruling depends on the actual circumstances of the case. If the case is relatively simple, a ruling can be made on the spot. Article 43 of the "Labor Dispute Mediation and Arbitration Law of the People's Republic of China" The arbitration tribunal's decision on a labor dispute case shall be concluded within 45 days from the date when the labor dispute arbitration committee accepts the arbitration application. If the case is complicated and requires an extension, it may be extended with the approval of the director of the Labor Dispute Arbitration Committee and the parties shall be notified in writing, but the extension period shall not exceed fifteen days. If an arbitration award is not made within the time limit, the parties may file a lawsuit with the People's Court regarding the labor dispute. When the arbitral tribunal decides a labor dispute case, some of the facts are already clear and it can make a ruling on that part first. Article 44: In cases involving recovery of labor remuneration, medical expenses for work-related injuries, economic compensation or damages, the arbitral tribunal may, based on the application of the parties, make an order for enforcement first and transfer the award 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 the award first will seriously affect the applicant's life. If the employee applies for advance execution, he does not need to provide a guarantee. Article 45 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 minutes. When the arbitral tribunal cannot form a majority opinion, the award shall be made in accordance with the opinion of the chief arbitrator. Article 46 The award shall state the arbitration request, the facts of the dispute, the reasons for the award, the result of the award and the date of the award. The award shall be signed by the arbitrator and stamped with the seal of the Labor Dispute Arbitration Committee. Arbitrators who disagree with the award may or may not sign.
2. Under what circumstances can labor arbitration be initiated? According to the "Labor Dispute Mediation and Arbitration Law of the People's Republic of China", the following labor disputes between employers and workers within the territory of the People's Republic of China Disputes: (1) Disputes arising from the confirmation of labor relations. (2) Disputes arising from the conclusion, performance, modification, cancellation and termination of labor contracts. (3) Disputes arising from removal, dismissal, resignation or resignation. (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection. (5) Disputes arising from labor remuneration, work-related injury medical expenses, economic compensation or compensation, etc. (6) Other labor disputes stipulated by laws and regulations. Disputes between state agencies and their civil servants, and between public institutions and social groups and their regular employees are personnel disputes, not labor disputes, and therefore do not fall within the scope of labor arbitration litigation. Disputes between state agencies, public institutions, social groups and their workers and other persons who have established labor relations are labor disputes if they meet the above conditions. Disputes between a business organization that implements enterprise management and its employees are also labor disputes if they meet the above conditions.
3. How long does it take for the arbitration award to be delivered? What is the effective period for the award and the mediation letter? Article 32 of the "Labor Dispute Arbitration Committee Case Handling Rules" stipulates: After the arbitral tribunal makes an award, it shall make Arbitration Letter. If the arbitral tribunal makes an award in court, it shall send the award within 7 days. If a ruling is made in another court on a regular basis, the ruling will be issued in court. After the award is served to the parties, it does not immediately produce legal effect. Article 83 of the Labor Law and Article 30 of the Regulations on the Handling of Enterprise Labor Disputes stipulate that if the parties to a labor dispute are dissatisfied with the arbitration award, they may file a lawsuit with the People's Court within 15 days from the date of receipt of the arbitration award; If a lawsuit is filed, the award will become legally binding. This means that if either party files a lawsuit within 15 days, the award will not have legal effect. It can be seen from this that the effective time of the arbitration award and the arbitration mediation letter are different. Article 28 of the "Regulations on the Handling of Enterprise Labor Disputes" stipulates: "If an agreement is reached through mediation, the arbitral tribunal shall prepare a mediation letter based on the content of the agreement, which shall have legal effect from the date of delivery." The time when the parties sign for it is the time when the mediation letter becomes effective. The above knowledge is the editor's answer to the question "Is labor arbitration a judgment on the spot?" After the labor arbitration committee hears a labor dispute case, whether it is a judgment on the spot depends on the actual case. If the case is relatively simple, it can be on the spot. Make a ruling. If readers need legal help, they are welcome to seek legal consultation.