1. Whether the conciliation statement of labor arbitration takes effect after being signed depends on the situation:
(1) The conciliation statement of labor arbitration needs to be signed by both parties;
(2) The conciliation statement made by the arbitration tribunal according to the arbitration situation shall become legally effective after being signed by both parties;
(3) Without mediation agreement, there is no enforcement.
2. Legal basis: Article 15 of People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law.
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 42
The arbitration tribunal shall conduct mediation before making an award.
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.
2. Under what circumstances can labor arbitration and mediation apply to the local intermediate people's court for cancellation of the award?
The conciliation statement of labor arbitration may apply to the local intermediate people's court for cancellation of the award under the following circumstances:
1, the applicable laws and regulations are indeed wrong;
2. The labor dispute arbitration commission has no jurisdiction;
3, in violation of 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, the arbitrator in the arbitration case, bribery, favoritism, perverting the law.