Contents
Chapter i general provisions
Chapter ii
Chapter iii arbitration
Section i. General provisions
Section ii. Applications and admissibility
Section iii. Sessions and decisions
Chapter iv
Chapter i general provisions
In order to resolve labour disputes in a fair and timely manner, to protect the legitimate rights and interests of the persons concerned and to promote harmonious and stable labour relations, this act was enacted。
Article 2. This law shall apply to the following labour disputes between employers and workers in the people's republic of china:
(i) disputes arising from the confirmation of labour relations
(ii) disputes arising from the conclusion, performance, modification, termination and termination of labour contracts
(iii) disputes arising from delisting, dismissal and resignation and separation from service
(iv) disputes arising from working hours, rest periods, social insurance, benefits, training and labour protection
(v) disputes arising out of remuneration for work, medical expenses for injury at work, financial compensation or compensation
(vi) other labour disputes under laws and regulations。
Article 3. The settlement of labour disputes shall be based on the principles of legality, impartiality, promptness and conciliation and shall protect the legitimate rights and interests of the parties in accordance with the law。
Article 4. In the event of a labour dispute, the worker may enter into a settlement agreement in consultation with the employer or with a trade union or a third party。
Article 5. In the event of a labour dispute, the parties may apply to the conciliation organization for conciliation if they are unwilling to negotiate, to negotiate or to comply with the settlement agreement; if they are unwilling to conciliate, to conciliate or to fail to perform after the conciliation agreement has been reached, they may apply to the labour disputes arbitration commission for arbitration; and if they disagree with the arbitral award, they may bring an action before the people's court, except as otherwise provided in this law。
Article 6. In the event of a labour dispute, the parties have a duty to provide evidence of their claims. Evidence relating to the subject matter of the dispute is in the hands of the employer, who shall provide it; and the employer shall bear adverse consequences if it does not。
Article 7. A worker who has a labour dispute involving more than 10 persons and who has a joint request may be nominated to participate in conciliation, arbitration or litigation。
Article 8. The labour administration of people's governments above the county level shall establish a tripartite mechanism for the coordination of labour relations with representatives of trade unions and enterprises in order to study major issues of labour dispute resolution。
Article 9 if the employer defaults on or pays the full remuneration for his or her work, or if he or she defaults on medical or financial compensation or compensation for his or her work injury, he or she may file a complaint with the labour administration, which shall act in accordance with the law。
Chapter ii
Article 10. In the event of a labour dispute, the parties may apply to the following conciliation organizations for conciliation:
(i) business labour dispute mediation committees
(ii) basic people's mediation organizations established by law
(iii) organizations established in towns and streets with labour dispute mediation functions。
The industrial labour dispute mediation committee consists of representatives of employees and enterprises. The representative of the worker is a member of the union or is elected by all the workers, and the representative of the enterprise is appointed by the head of the enterprise. The director of the industrial labour dispute mediation committee is a member of the trade union or a person nominated by both parties。
Article 11: the mediator of labour dispute mediation organizations shall be a citizen of full age who is a righteous person, has reached out to the masses, is committed to mediation and has a certain level of legal knowledge, policy and culture。
Article 12 the parties may apply for mediation in labour disputes in writing or orally. In the case of an oral application, the conciliation organization shall record on the spot the applicant's basic circumstances, the disputed matter, the reasons and the time for the application for conciliation。
Article 13: conciliation of labour disputes shall be carried out with due regard to the parties'statements of facts and reasons and with patience to assist them in reaching an agreement。
Article 14 if an agreement is reached by conciliation, a certificate of conciliation shall be drawn up。
An agreement to conciliate signed or stamped by the parties, signed by the conciliator and stamped by the conciliation organization, is binding on the parties and the parties are required to perform it。
The parties may apply for arbitration in accordance with the law if no conciliation agreement has been reached within fifteen days from the date of receipt of the request for conciliation by the labour dispute mediation organization。
Article 15. If, after reaching an agreement to conciliate, a party fails to perform the conciliation agreement within the agreed period of time, the other party may apply for arbitration in accordance with the law。
Article 16 if the employer fails to comply with a conciliation agreement for the purpose of payment of salary arrears, medical expenses for work injury, financial compensation or compensation, the worker may, in accordance with the law, apply to the people's court for payment by means of a settlement agreement. The people's court shall issue payment orders in accordance with the law。
Chapter iii arbitration
Section i. General provisions
Article 17 the labour disputes arbitration commission is established on the basis of the principles of integrated planning, rational layout and adaptation to actual needs. The people's governments of the provinces and autonomous regions may decide to establish municipalities and counties, and the people's governments of municipalities directly under their authority may decide to establish districts and counties. A municipality or municipality may also set up one or more labour dispute arbitration committees. The labour disputes arbitration commission is not established at the administrative level。
Article 18 the labour administration of the state council establishes arbitration rules in accordance with the relevant provisions of this law. The labour administration of the provincial, autonomous and municipal governments directs the arbitration of labour disputes in their respective regions。
Article 19 the labour disputes arbitration commission consists of representatives of the labour administration, trade union representatives and business representatives. The labour disputes arbitration board shall be composed of a singular number。
The labour disputes arbitration commission performs the following functions in accordance with the law:
(i) appointment, dismissal or part-time appointment of arbitrators
(ii) handling labour disputes
(iii) discussion of significant or difficult labour disputes
(iv) oversight of arbitration activities。
The labour disputes arbitration commission has an office that handles the day-to-day work of the labour disputes arbitration commission。
Article 20 the labour dispute arbitration commission shall establish a roster of arbitrators。
The arbitrators shall be impartial and shall meet one of the following conditions:
(i) former judges
(ii) persons engaged in legal research, teaching and teaching with intermediate or higher qualifications
(iii) up to five years of professional work with legal knowledge, human resources management or trade unions
(iv) three years of practice。
Article 21 the labour disputes arbitration commission is responsible for regulating labour disputes in the region。
Labour disputes are governed by an arbitration committee for labour disputes in the place where the labour contract is performed or where the employer is located. Where the parties apply for arbitration to the labour disputes arbitration commission at the place of performance of the labour contract and the place of employment, respectively, the arbitration committee for labour disputes at the place of performance of the labour contract shall be governed by the labour disputes arbitration commission at the place of performance of the labour contract。
Article 22. Workers and employers in labour disputes are parties to the arbitration of labour disputes。
In the event of a labour dispute between the labour agency or the employer and the worker, the employer or employer shall be the joint party。
Article 23. Third parties with an interest in the outcome of a labour dispute case may apply for or be notified of their participation by the labour dispute arbitration commission。
Article 24 parties may entrust an agent to participate in the arbitration. A power of attorney signed or stamped by the principal shall be submitted to the labour disputes arbitration commission for the purpose of commissioning another person to participate in the arbitration, and the power of attorney shall set out the matter of commission and the authority。
Article 25 a worker who has lost or partially lost civil capacity is represented by his legal representative to participate in the arbitration; if an agent is not available, he is appointed by the labour disputes arbitration commission. If the worker dies, his or her next of kin or representative takes part in the arbitration。
Article 26 labour arbitration is conducted in public, except where the parties ' agreement is not made public or involves state secrets, commercial secrets and personal privacy。
Section ii. Applications and admissibility
Article 27 the limitation period for applications for arbitration in labour disputes is one year. The period of limitation for arbitration is calculated from the date on which the parties knew or should have known that their rights had been infringed。
The period of limitation for arbitration provided for in the preceding paragraph is interrupted by one party claiming rights against the other party, either by claiming relief of rights from the competent authority or by the other party agreeing to perform the obligation. The period of limitation for arbitration is recalculated from the moment of interruption。
If the parties are unable to apply for arbitration during the period provided for in paragraph 1 of this article because of force majeure or other justifiable reasons, the limitation period for arbitration is suspended. The period of limitation for arbitration continues to run from the date on which the reasons for the stay have been eliminated。
An application for arbitration by a worker shall not be subject to the limitation period set out in paragraph 1 of this article if a dispute arises during the duration of a labour relationship over the payment of wages; however, if the labour relationship is terminated, it shall be submitted within one year of the termination of the labour relationship。
Article 28 applicants applying for arbitration shall submit a written application for arbitration and a copy according to the number of respondents。
The application for arbitration shall state the following:
(i) the name, sex, age, occupation, workplace and residence of the worker, the name of the employer, the name of the legal representative or principal official, the name and position of the worker
(ii) the request for arbitration and the facts and reasons therefor
(iii) evidence and sources of evidence, names of witnesses and residence。
There are difficulties in writing an application for arbitration, which may be made orally and recorded by the labour disputes arbitration commission and communicated to the other party。
Article 29 the labour disputes arbitration board shall, within five days of the date of receipt of the application for arbitration, notify the applicant if it considers that the conditions for admissibility have been met and notify the applicant if it finds that the conditions for admissibility have not been met, in writing, stating the reasons for such inadmissibility. If the labour disputes arbitration board is inadmissible or the decision is overdue, the applicant may bring the matter of the labour dispute before the people's court。
Article 30 when an application for arbitration is received by the labour dispute arbitration commission, a copy of the application shall be sent to the respondent within five days。
Upon receipt of a copy of the application for arbitration, the respondent shall submit a statement of defence to the labour dispute arbitration commission within ten days. After receiving the statement of defence, the labour dispute arbitration board shall, within five days, send a copy of the statement of defence to the applicant. Failure of the respondent to submit a statement of defence does not affect the conduct of the arbitral proceedings。
Section iii. Sessions and decisions
Article 31 the labour disputes arbitration commission rules on the institution of an arbitral tribunal for labour disputes. The arbitral tribunal is composed of three arbitrators, with a presiding arbitrator. Simple labour disputes can be decided by a single arbitrator。
Article 32. The labour disputes arbitration commission shall notify the parties in writing of the composition of the arbitral tribunal within five days from the date of the receipt of the application for arbitration。
Article 33 an arbitrator shall recuse himself or herself if:
(i) by the person or close relative of the person or agent in the present case
(ii) has an interest in the case
(iii) other relations with the party or agent in the case, which may affect the impartial decision
(iv) personally meeting with the person concerned, his representative or accepting a gift from the person concerned or his representative。
The labour disputes arbitration commission shall decide on the request for recusal in a timely manner and notify the parties orally or in writing。
Article 34 arbitrators who have the circumstances provided for in article 33, paragraph 4, of this law, or who have engaged in passive bribery, fraud or wrongful decision-making, shall be legally liable. The labour disputes arbitration commission shall dismiss them。
Article 35 the arbitral tribunal shall, five days before the hearing, notify the parties in writing of the date and place of the hearing. If justified, the party may request an adjournment three days before the hearing. The decision as to whether to defer is made by the labour disputes arbitration board。
Article 36 the applicant may be considered to have withdrawn the application for arbitration if he or she has been notified in writing that he or she has refused to appear in court for no reasonable reason or has left the court without the consent of the arbitral tribunal。
The respondent is notified in writing that the award may be made in absentia if he or she refuses to appear in court for no reasonable reason or leaves without the consent of the arbitral tribunal。
Article 37 if the arbitral tribunal considers that an identification is required on a question of speciality, it may refer it to the expert body agreed by the parties; if the parties have not agreed or are unable to do so, to the expert body appointed by the arbitral tribunal。
At the request of the parties or at the request of the arbitral tribunal, the accreditation body should send experts to sit at the hearing. The parties may question the expert with the permission of the arbitral tribunal。
Article 38 parties have the right to be examined and debated in the course of the arbitration. At the end of the examination and argument, the presiding or sole arbitrator shall seek the final opinion of the parties。
If the evidence provided by the parties is proven to be true, the arbitral tribunal shall base its findings of fact。
If the worker is unable to provide evidence related to the arbitration request, which is managed by the employer, the arbitral tribunal may require the employer to do so within a specified period of time. The employer shall bear adverse consequences if it does not provide it within the specified period。
Article 40 the arbitral tribunal shall record the hearing in the record. Parties and other participants in the arbitration are entitled to apply for correction if they believe that there is a omission or error in the record of their statements. If this is not done, the application shall be recorded。
The transcript is signed or stamped by the arbitrator, the recorder, the parties and other participants in the arbitration。
Article 41 after applying for arbitration in labour disputes, the parties may settle their own disputes. If a settlement agreement is reached, the application for arbitration may be withdrawn。
Article 42 the arbitral tribunal shall conciliate before rendering its award。
If the conciliation so agrees, the arbitral tribunal shall produce a statement of conciliation。
The letter of conciliation should state the request for arbitration and the outcome of the parties' agreement. The letter of conciliation was signed by the arbitrators and stamped by the labour disputes arbitration commission and served to the parties. The letter of conciliation is legally valid when signed by the parties。
The arbitral tribunal shall decide in a timely manner if the conciliation is not possible or if a party repents before the certificate of conciliation is delivered。
Article 43 an arbitral tribunal shall decide on a labour dispute within forty-five days of the date on which the application for arbitration is admitted by the labour dispute arbitration commission. If the complexity of the case requires an extension, with the approval of the director of the labour disputes arbitration commission, the person concerned may be extended and notified in writing, provided that the extension does not exceed 15 days. If the arbitral award is overdue, the parties may bring the matter of the labour dispute before the people's court。
When the arbitral tribunal decides on a labour dispute, a part of the facts is already clear and the part may be decided first。
Article 44 the arbitral tribunal may, on the application of the parties, award enforcement first and refer it to the people's court for enforcement in cases of recovery of remuneration for labour, medical expenses for work injury, financial compensation or compensation。
Where the arbitral tribunal has enforced an award, the following conditions shall be met:
(a) the relationship of rights and obligations between the parties is clear
(ii) without prior execution would seriously affect the applicant's life。
Workers who apply for prior enforcement may not be guaranteed。
Article 45 the award shall be based on the opinion of the majority of arbitrators and the dissenting opinion of the minority shall be recorded in the transcript. If the arbitral tribunal is unable to reach a majority, the award shall be made in accordance with the opinion of the presiding arbitrator。
Article 46 the award shall set forth the request for arbitration, the facts in dispute, the reasons for the award, its outcome and the date of the award. The award is signed by the arbitrator and stamped by the labour disputes arbitration commission. Arbitrators who disagree with the award may sign or may not。
Article 47 the following labour disputes, except as otherwise provided in this law, in which the arbitral award shall be final, shall have legal effect from the date of its enactment:
(i) disputes over compensation for labour, medical expenses for injury at work, financial compensation or compensation, not exceeding twelve months of the local monthly minimum wage
(ii) disputes arising out of the implementation of national labour standards, such as working hours, rest periods, social insurance, etc。
Article 48 a worker who disputes an arbitral award under article 47 of this law may bring an action before the people's court within fifteen days from the date of receipt of the arbitral award。
Article 49 the employer has evidence that an arbitral award under article 47 of this law may be set aside by applying to the intermediate people's court at the seat of the labour disputes arbitration commission within thirty days of receipt of the award:
(i) there are errors in the applicable law or regulation
(ii) the labour disputes arbitration commission does not have jurisdiction
(iii) infringement of due process
(iv) the evidence on which the award is based is false
(v) the other party has concealed evidence sufficient to affect the just decision
(vi) arbitrators in the arbitration of the case engaged in solicitation of bribes, favouritism, unfair adjudication。
The people's court shall decide to set aside one of the preceding paragraphs if the decision is reviewed and verified by a full panel。
If the arbitral award is set aside by a decision of the people's court, the parties may, within fifteen days from the date of receipt of the award, bring the matter of the labour dispute before the people's court。
Article 50 if the parties disagree with an arbitral award in a labour dispute other than those provided for in article 47 of this law, they may, within fifteen days from the date of receipt of the arbitral award, bring it before the people's court; if they do not sue, the award shall have legal effect。
Article 51. The parties ' conciliation and award which have the force of law shall be performed within the specified time period. If a party fails to perform late, the other party may apply to the people's court for enforcement in accordance with the relevant provisions of the code of civil procedure. The people's court, which receives applications, shall implement them in accordance with the law。
Chapter iv
Article 52. In the event of a labour dispute between an employed staff member of an establishment and his or her own, the labour code shall be applied in accordance with the provisions of the act and, if otherwise provided by law, administrative regulations or the state council。
Article 53 no fees shall be charged for arbitration in labour disputes. The labour disputes arbitration commission is financially funded。
Article 54 this act has been in force since 1 may 2008。
