According to Article 83 of the Labor Law of People's Republic of China (PRC), if a party to a labor dispute refuses to accept the arbitration award, he may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award. If one party neither brings a lawsuit nor performs the arbitration award within the statutory time limit, the other party may apply to the people's court for compulsory execution.
According to Article 79 of the Labor Law of People's Republic of China (PRC), after a labor dispute occurs, the parties may apply to the Labor Dispute Mediation Committee of the unit for mediation. If mediation fails and one party requests arbitration, it may apply to the Labor Dispute Arbitration Committee for arbitration. One party may also directly apply to the Labor Dispute Arbitration Commission for arbitration. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.
Extended data
Referring to Article 29 of the Rules for Arbitration and Handling of Labor and Personnel Disputes, when applying for arbitration, the applicant shall submit an arbitration application and submit a copy according to the number of respondents. The application for arbitration shall contain the following items:
(1) The name, sex, date of birth, ID number, domicile, mailing address and telephone number of the laborer, the name, domicile, mailing address and telephone number 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 Arbitration Commission and confirmed by the applicant's signature, seal or seal. If the application for arbitration is not standardized or the materials are incomplete, the arbitration commission shall inform the applicant of all the materials that need to be corrected on the spot or within 5 days. When receiving the materials submitted by the parties, the Arbitration Commission shall issue a receipt.
Referring to Article 30 of the Rules for the Arbitration of Labor and Personnel Disputes, the Arbitration Commission shall accept an arbitration application that meets the following conditions, and issue a notice of acceptance to the applicant within 5 days from the date of receiving the arbitration application:
(1) It falls within the scope of disputes stipulated in Article 2 of these Rules;
(2) There are clear arbitration claims and factual reasons;
(3) The applicant is a natural person, legal person or other organization that has a direct interest in the case and has a clear respondent;
(4) Within the jurisdiction of this Arbitration Commission.
Official website, Standing Committee of Dianjiang County People's Congress: Labor Law of People's Republic of China (PRC)
People's Republic of China (PRC) Central People's Government: Rules for Arbitration of Labor and Personnel Disputes