The consequences of non-performance of labor arbitration shall be enforced by the court. The employer's refusal to execute the arbitration award is a violation of the law, and the laborer may apply to the local people's court for compulsory execution on the basis of the arbitration award. According to Article 50 of People's Republic of China (PRC) Labor Dispute Mediation and Arbitration 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.
Usually, the arbitration award can be issued within 45 days to three months. The award shall specify the arbitration claim, the disputed facts, the reasons for the award, the award result and the date of the award. Zhaofa. Com reminds you that the award is 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.
The time limit for bringing a lawsuit against the arbitration commission's ruling is:
If you are dissatisfied with the arbitration commission's award, you may bring a lawsuit to the people's court within 15 days from the date of receiving the labor arbitration award. However, there is one exception. For the final case, the employer can only apply to the intermediate people's court where the labor dispute arbitration commission is located within 30 days from the date of receiving the arbitration award, and cannot bring a lawsuit; Non-final award: you can bring a lawsuit to the people's court within 15 days after receiving the labor arbitration award.
The day when the period begins is not counted, and the last day when the period expires is a holiday. The first day after the holiday is the date when the term expires. Holidays refer to legal holidays, such as Sunday and National Day. Holidays or rest days stipulated by legal persons or other organizations are not subject to this restriction. According to Article 5 of China's Labor Dispute Mediation and Arbitration Law, if a labor dispute occurs and 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, it 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.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis: Article 50 of People's Republic of China (PRC) Labor Dispute Mediation and Arbitration 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.
Article 51 of the Law of People's Republic of China (PRC) on Mediation and Arbitration of Labor Disputes.
The parties shall perform the legally effective mediation 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.