The legal provisions of labor arbitration, the legal provisions of labor arbitration

1. China implements the "one adjudication and two adjudication system" for labor disputes, that is, after the occurrence of labor disputes, they should be arbitrated by the labor arbitration commission, and those who are not satisfied with the arbitration results can file a civil lawsuit with the court. 2. For disputes over the recovery of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, which do not exceed the amount of the local monthly minimum wage standard for 12 months, and disputes arising from the implementation of national labor standards in terms of working hours, rest and vacation, social insurance, etc., the arbitration award made by the labor arbitration commission is final, and the employer may not file a lawsuit with the court, and the employee is not subject to this restriction. 3. The court hears civil cases and implements the final adjudication system of Sen Zhaobei's second-instance trial, and those who are dissatisfied with the judgment or ruling made by the court of first instance can appeal, and the judgment or ruling made by the court of second instance is the final judgment and ruling.

3. The first-instance judgment of a small claims case (a simple case in which the subject amount is less than 30% of the average annual salary of the employed persons in each province, autonomous region, or municipality directly under the Central Government in the previous year) is the final judgment. 4. Article 47 of the Law on Mediation and Arbitration of Labor Disputes stipulates that, except as otherwise provided in this Law, the arbitral award shall be final and effective from the date of making the following labor disputes: (1) Disputes over the recovery of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, which do not exceed the amount of the local monthly minimum wage standard for 12 months; (2) Disputes arising from the implementation of national labor standards in terms of working hours, rest and vacation, social insurance, etc.

5. Article 48 of the Law on Mediation and Arbitration of Labor Disputes stipulates that if a worker is dissatisfied with the arbitral award provided for in Article 47 of this Law, he may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. 6. Article 162 of the "Civil Procedure Law" Where the basic level people's courts and the tribunals dispatched by them hear simple civil cases that meet the requirements of the first paragraph of Article 157 of this Law, and the subject matter is less than 30 percent of the average annual wages of employed persons in each province, autonomous region, or municipality directly under the Central Government in the previous year, the first instance shall be finalized.

Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China: (1) disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.; (6) Other labor disputes as provided for by laws and regulations.

Article 27 The limitation period for applying for arbitration of labor disputes shall be one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated.

Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

Article 28 The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents.

The statement of claim for arbitration shall contain the following particulars:

1) The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;

2) the claim for arbitration and the facts and reasons on which it is based;

3) Evidence and evidence**, names and addresses of witnesses.

If it is really difficult to write an arbitration application, it may apply orally, and the Labor Dispute Arbitration Committee shall record it in the record and inform the other party.

Article 29 Within five days from the date of receipt of the arbitration application, if the labor dispute arbitration commission finds that it meets the conditions for acceptance, it shall accept it and notify the applicant; Where it is found that the requirements for acceptance are not met, the applicant shall be notified in writing not to accept the application and the reasons shall be explained. If the labor dispute arbitration commission does not accept the case or fails to make a decision within the time limit, the applicant may file a lawsuit with the people's court on the labor dispute matter.

Article 30 After accepting the arbitration application, the labor dispute arbitration commission shall deliver a copy of the arbitration application to the respondent within five days.

After receiving a copy of the arbitration application, the respondent shall submit a statement of defence to the labor dispute arbitration commission within 10 days. After receiving the statement of defense, the labor dispute arbitration commission shall send a copy of the statement of defense to the applicant within five days. If the respondent fails to submit a statement of defence, it shall not affect the progress of the arbitration proceedings.