Law of the People's Republic of China on Labor Dispute Mediation and Arbitration
(On December 29, 2007, the 31st meeting of the Standing Committee of the Tenth National People's Congress passed the Decree of the President of the People's Republic of China (Tenth Session) No. 80 on December 29, 2007, promulgated on May 1, 2008 (Enforced)
Chapter 1 General Provisions
Chapter 2 Mediation
Chapter 3 Arbitration
Section 1 General Provisions
Section 2 Application and Acceptance
Section 3 Sessions and rulings
Chapter 4 Supplementary Provisions
Chapter 1 General Rules
(1) This Law is enacted in order to resolve labor disputes in a fair and timely manner, protect the lawful rights and interests of the parties, and promote the harmonious and stable labor relations.
Article 2 This Law applies to the following labor disputes between employers and workers in the People's Republic of China:
(1) Disputes arising from the confirmation of labor relations;
(2) Disputes arising from the conclusion, performance, modification, termination and termination of the labor contract;
(3) Disputes arising from delisting, dismissal, resignation and resignation;
(4) Disputes arising from working hours, vacations, social insurance, benefits, training, and labor protection;
(5) Disputes arising from labor compensation, medical expenses for work injury, financial compensation or compensation;
(6) Other labor disputes as provided by laws and regulations.
Article 3 To resolve labor disputes, the lawful, fair, timely, and mediation-focused principles shall be followed to protect the lawful rights and interests of the parties in accordance with the law.
Article 4 In case of labor disputes, workers may consult with the employer, or they may ask the trade union or a third party to jointly negotiate with the employer to reach a settlement agreement.
Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; if they are unwilling to mediate, fail or fail to perform after reaching a mediation agreement, they may apply to the labor dispute arbitration committee Arbitration; if you are not satisfied with the arbitral award, you may institute a lawsuit in a people's court except as otherwise provided for in this Law.
(Article 6) In the event of a labor dispute, the parties are responsible for providing evidence for their claims. If the evidence related to the dispute is under the management of the employer, the employer shall provide it; if the evidence is not provided by the employer, it shall bear the adverse consequences.
Article 7 If there are more than 10 workers in a labor dispute and there is a joint request, they may elect representatives to participate in mediation, arbitration or litigation activities.
Article 8 The labor administrative department of the people's government at or above the county level will work with unions and representatives of enterprises to establish a tripartite mechanism to coordinate labor relations and work together to resolve major issues in labor disputes.
Article 9 Employers who owe or fail to pay labor remuneration in full, or owe medical expenses, economic compensation, or compensation for work-related injuries in violation of state regulations shall file a complaint with the labor administrative department, which shall deal with it in accordance with law.
Chapter 2 Mediation
Article 10 If a labor dispute occurs, the parties may apply for mediation at the following mediation organizations:
(1) The labor dispute mediation committee of the enterprise;
(2) Grassroots people's mediation organizations established in accordance with law;
(3) Organizations with labor dispute mediation functions established in towns and streets.
The enterprise labor dispute mediation committee is composed of employee representatives and enterprise representatives. Employee representatives are held by union members or are elected by all employees. Enterprise representatives are designated by the person in charge of the enterprise. The director of the enterprise labor dispute mediation committee shall be a member of the trade union or a person recommended by both parties.
Article 11 The mediator of a labor dispute mediation organization shall be an adult citizen who is fair and decent, contacts the masses, is enthusiastic in mediation work, and has a certain level of legal knowledge, policy level and cultural level.
(Article 12) The parties may apply for labor dispute mediation in writing or orally. For an oral application, the mediation organization shall record on the spot the basic situation of the applicant, the disputed matters, reasons and time for the application for mediation.
(Article 13) In mediating labor disputes, the parties should fully listen to the parties' statements of facts and reasons, patiently guide them, and help them reach an agreement.
(Article 14) If an agreement is reached through mediation, a mediation agreement shall be prepared.
书 The mediation agreement shall be signed or sealed by both parties, and shall take effect after being signed by the mediator and stamped with the seal of the mediation organization. It shall be binding on both parties and shall be performed by the parties.
当事人 If the mediation agreement is not reached within 15 days after the labor dispute mediation organization receives the mediation application, the parties may apply for arbitration according to law.
(Article 15) After a mediation agreement is reached, 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 16) If a mediation agreement is reached for payment of arrears of labor compensation, medical expenses for work injury, economic compensation or compensation, and the employer fails to perform within the agreed time limit, the employee may apply to the people's court for a payment order in accordance with the law. The people's court shall issue a payment order in accordance with the law.
Chapter III: Arbitration
Section 1 General Provisions
Article 17 The labor dispute arbitration commission shall be established in accordance with the principles of overall planning, reasonable layout, and adaptation to actual needs. The people's governments of provinces and autonomous regions may decide to establish them in cities and counties; the people's governments of municipalities directly under the central government may decide to establish them in districts and counties. Municipalities directly under the Central Government and cities divided into districts may also set up one or several labor dispute arbitration commissions. Labor dispute arbitration commissions are not established by administrative divisions.
Article 18 The labor administrative department of the State Council shall formulate arbitration rules in accordance with the relevant provisions of this Law. The labor administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall guide the arbitration of labor disputes in their respective administrative regions.
Article 19 The labor dispute arbitration committee is composed of representatives of the labor administrative department, union representatives, and enterprise representatives. The number of members of the labor dispute arbitration commission shall be singular.
The labor dispute arbitration commission shall perform the following duties according to law:
(1) Appointing or dismissing full-time or part-time arbitrators;
(2) Accepting labor dispute cases;
(3) Discussing major or difficult labor dispute cases;
(4) Supervising arbitration activities.
设 The labor dispute arbitration committee has an office to handle the daily work of the labor dispute arbitration committee.
Article 20 The labor dispute arbitration commission shall establish a roster of arbitrators.
The arbitrator shall be impartial and meet one of the following conditions:
(1) Who has been a judge;
(2) Those who are engaged in legal research and teaching work and have intermediate titles or above;
(3) Those who have legal knowledge, have engaged in professional work such as human resources management or trade unions for five years;
(4) Lawyers have practiced for three years.
Article 21 The Labor Dispute Arbitration Commission is responsible for the jurisdiction of labor disputes in this area.
Labor disputes are under the jurisdiction of the labor dispute arbitration commission where the labor contract is performed or where the employer is located. If both parties apply to the labor dispute arbitration commission at the place where the labor contract is performed and where the employer is located, the labor dispute arbitration commission at the place where the labor contract is performed shall be under the jurisdiction of the labor dispute arbitration commission.
Article 22 The laborers and employers in which labor disputes occur are the two parties to the labor dispute arbitration case.
的 In the event of a labor dispute between the labor dispatching unit or the employing unit and the laborer, the labor dispatching unit and the employing unit shall be the common parties.
Article 23 A third party who has an interest in the outcome of a labor dispute case may apply to participate in arbitration activities or be notified by the Labor Dispute Arbitration Commission to participate in arbitration activities.
(Article 24) The parties may entrust agents to participate in arbitration activities. To entrust others to participate in arbitration activities, a power of attorney signed or stamped by the client shall be submitted to the labor dispute arbitration commission, and the power of attorney shall specify the entrusted matters and powers.
Article 25 For workers who have lost or partially lost their capacity for civil conduct, their legal agents shall participate in arbitration activities on their behalf; if they are unable to determine their agents, the labor dispute arbitration commission shall designate their agents. If a worker dies, his close relatives or agents shall participate in the arbitration activities.
Article 26 Labor dispute arbitration is conducted in public, except where the parties' agreement is not conducted in public or it involves state secrets, commercial secrets, and personal privacy.
Section 2 Application and Acceptance
(Article 27) The limitation period for applying for arbitration in labor disputes is one year. The limitation period of arbitration shall be calculated from the date when the parties know or should know that their rights have been violated.
(2) The limitation period of arbitration stipulated in the preceding paragraph is interrupted because one party claims rights to the other party, or requests right relief from relevant departments, or the other party agrees to perform its obligations. From the time of interruption, the statute of limitations will be recalculated.
If the parties are unable to apply for arbitration during the arbitration limitation period stipulated in paragraph 1 of this article due to force majeure or other legitimate reasons, the arbitration limitation shall be suspended. From the date when the cause of suspension of limitation is eliminated, the period of limitation of arbitration continues to be calculated.
争议 If a dispute arises during the existence of the labor relationship due to arrears of labor remuneration, a worker's application for arbitration is not subject to the limitation period of arbitration stipulated in paragraph 1 of this article; however, if the labor relationship is terminated, it shall be submitted within one year from the date of termination of the labor relationship.
(Article 28) The applicant applying for arbitration shall submit a written arbitration application and submit a copy according to the number of respondent.
申请 The application for arbitration shall state the following:
一 (1) the name, sex, age, occupation, work unit and residence of the worker, the name of the employer, the place of residence and the name and title of the legal representative or principal responsible person;
(2) The arbitration request and the facts and reasons on which it is based;
(3) Evidence and sources of evidence, names and addresses of witnesses.
If it is really difficult to write an arbitration application, you can make an oral application, which will be recorded by the labor dispute arbitration committee and notified to the other party.
Article 29 Within five days from the date of receiving the arbitration application, the labor dispute arbitration commission shall accept the application and notify the applicant; if it does not meet the acceptance conditions, it shall notify the applicant in writing of the rejection, Explain why. If the labor dispute arbitration committee refuses to accept or fails to make a decision within the time limit, the applicant may bring a lawsuit to the people's court on the labor dispute.
Article 30 After accepting the arbitration application, the labor dispute arbitration commission shall send a copy of the arbitration application to the respondent within five days.
After receiving the copy of the arbitration application, the respondent shall submit a statement of defense to the labor dispute arbitration committee within ten days. After the labor dispute arbitration commission receives the statement of defense, it shall send a copy of the statement of defense to the applicant within five days. Failure of the respondent to submit a statement of defence shall not affect the conduct of the arbitral proceedings.
Section 3 Sessions and rulings
Article 31 The labor dispute arbitration committee decides that labor dispute cases shall be subject to an arbitral tribunal system. The arbitral tribunal is composed of three arbitrators and has a chief arbitrator. Simple labor dispute cases can be arbitrated by a single arbitrator.
Article 32 The labor dispute arbitration commission shall notify the parties in writing of the composition of the arbitral tribunal within five days from the date of acceptance of the arbitration application.
(Article 33) The arbitrator shall withdraw under any of the following circumstances, and the parties shall also have the right to submit an application for withdrawal, orally or in writing:
(1) It is a close relative of the party or the party or agent in this case;
(2) Those who have an interest in the case;
(3) Having other relationships with the parties and agents in this case, which may affect a fair decision;
(4) Meeting privately with the parties or agents or accepting gifts from the parties or agents.
The labor dispute arbitration commission shall make a timely decision on the withdrawal application and notify the parties orally or in writing.
(Article 34) Any arbitrator who has the circumstances specified in Article 33 (4) of this Law, or acts of soliciting bribes, committing fraud for personal gain, or arbitrating the law shall bear legal responsibility in accordance with law. The labor dispute arbitration commission shall dismiss him.
(Article 35) The arbitral tribunal shall notify the parties in writing of the date and place of the hearing five days before the hearing. If the parties have valid reasons, they may request an extension of the hearing three days before the hearing. Whether to postpone the extension shall be decided by the labor dispute arbitration commission.
(Article 36) An applicant who has received written notice and refuses to appear in court without proper reasons or withdraws without the consent of the arbitral tribunal may be deemed to have withdrawn his application for arbitration.
If the respondent receives written notice and refuses to appear in court without proper reasons or withdraws from the court without the consent of the arbitral tribunal, the respondent may make an award in absentia.
(Article 37) If the arbitral tribunal considers that a special issue requires authentication, it may be referred to an authentication institution agreed by the parties; if the parties have not agreed or cannot reach an agreement, the arbitral tribunal shall appraise.
At the request of the parties or at the request of the arbitral tribunal, the appraisal institution shall send appraiser to attend the hearing. The parties may ask questions of the appraiser with the permission of the arbitral tribunal.
(Article 38) The parties have the right to conduct cross-examination and debate during the arbitration process. At the conclusion of the cross-examination and debate, the chief arbitrator or sole arbitrator shall seek the final opinions of the parties.
(Article 39) If the evidence provided by the parties is verified and verified, the arbitral tribunal shall use it as the basis for determining the facts.
The laborer cannot provide the evidence related to the arbitration request that is controlled and managed by the employer, and the arbitral tribunal may require the employer to provide it within a specified period. If the employer fails to provide within the specified period, it shall bear the adverse consequences.
(Article 40) The arbitral tribunal shall record the hearing. If the parties and other participants in the arbitration consider that there are omissions or errors in the records they have stated, they have the right to apply for corrections. If not corrected, the application should be recorded.
The transcript shall be signed or sealed by the arbitrator, recorder, parties and other participants in the arbitration.
(Article 41) After the parties apply for labor dispute arbitration, they can settle on their own. If a settlement agreement is reached, the arbitration application may be withdrawn.
(Article 42) The arbitral tribunal shall conduct mediation before making an award.
(2) If an agreement is reached through mediation, the arbitral tribunal shall prepare a mediation letter.
The mediation statement shall specify the results of the arbitration request and the agreement of the parties. The mediation letter shall be signed by the arbitrator, stamped by the labor dispute arbitration commission, and served on both parties. After the mediation agreement is signed by both parties, it becomes legally effective.
(2) If the mediation fails or one of the parties repents before the mediation report is served, the arbitral tribunal shall make a decision in a timely manner.
(Article 43) The arbitral tribunal's decision on a labor dispute case shall be concluded within 45 days from the date when the labor dispute arbitration commission accepts the arbitration application. If the case is complicated and needs to be postponed, it may be postponed and notified to the parties in writing with the approval of the director of the Labor Dispute Arbitration Commission, but the extension shall not exceed 15 days. If an arbitral award has not been made within the time limit, the parties may file a lawsuit in a people's court on the labor dispute.
时 When the arbitral tribunal decides a labor dispute case, some of the facts are already clear, and it may be decided beforehand.
Article 44 In cases where the arbitral tribunal seeks remuneration for labor, medical expenses for work injury, economic compensation or compensation, it may