The content of the Arbitration Law and the legal basis for arbitration

The Arbitration Law of the People's Republic of China is a law enacted to ensure fair and timely arbitration of economic and material disputes, protect the legitimate rights and interests of the parties, and ensure the healthy development of the socialist market economy.

Legal basis: Arbitration Law of the People's Republic of China

Article 1 This Law is formulated in order to arbitrate economic disputes in a fair and timely manner, protect the legitimate rights and interests of the parties, and ensure the healthy development of the socialist market economy.

Article 2: Contract disputes and other disputes over property rights and interests that arise between citizens, legal persons, and other organizations that are equal subjects may be arbitrated.

Article 3 The following disputes cannot be arbitrated:

1) Marriage, adoption, guardianship, maintenance, or inheritance disputes;

2) Administrative disputes that shall be handled by administrative organs in accordance with law.

Article 4 When the parties settle their disputes by means of arbitration, both parties shall reach an arbitration agreement on their own volition. In the absence of an arbitration agreement, if one party applies for arbitration, the arbitration commission shall not accept it.

Article 5 Where the parties reach an arbitration agreement and one party files a lawsuit with the people's court, the people's court shall not accept it, except where the arbitration agreement is invalid.

Article 6 The arbitration commission shall be selected by agreement of the parties.

Arbitration is not subject to hierarchical jurisdiction and territorial jurisdiction.

Article 7 Arbitration shall be based on the facts, in accordance with the provisions of the law, and resolve the dispute fairly and reasonably.

Article 8: Arbitration shall be conducted independently in accordance with the law and shall not be interfered with by administrative organs, social groups or individuals.

Labor is an essential skill for each of us to survive. Our work is labor, tidying up is labor, and cooking is labor. However, when we work in a company, we often have labor disputes with the company.

In such a situation, we should apply for labor dispute arbitration. So what is the legal basis for labor dispute arbitration? The following is the information gathered on this issue.

Legal basis for applying for labor dispute arbitration:

Article 79 of the Labor Law provides that after a labor dispute occurs, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Article 6 of the Regulations on the Settlement of Labor Disputes in Enterprises provides that after a labor dispute occurs, the parties shall settle it through negotiation; If you are unwilling to negotiate or the negotiation fails, you can apply to the labor dispute mediation committee of the enterprise for mediation; If the mediation fails, it may apply to the labor dispute arbitration commission for arbitration. The parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If they are not satisfied with the arbitral award, they may file a lawsuit with the people's court.

In the process of handling labor disputes, the parties shall not have the behavior of intensifying the spear stool and the stool.

Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 21 The Labor Dispute Arbitration Commission shall be responsible for the jurisdiction of labor disputes occurring in its own region.

Labor disputes shall be under the jurisdiction of the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located. If both parties apply for arbitration to the labor dispute arbitration commission at the place where the labor contract is performed and the place where the employer is located, the labor dispute arbitration commission at the place where the labor contract is performed shall have jurisdiction.

Article 22 The laborer and the employer in the event of a labor dispute shall be the parties to the labor dispute arbitration case.

In the event of a labor dispute between a labor dispatch unit or an employing unit and a worker, the labor dispatch unit and the employing unit shall be joint parties.

In our future work, if we encounter a labor dispute with the employer again, we should use the correct legal means to protect our due rights and interests as soon as possible. If you still have any questions about the above introduction or the actual situation is complicated and you still need legal help, you are welcome to provide legal advice.

The answer to the question of the legal basis of labor arbitration and mediation is as follows: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases Article 2 If the labor dispute arbitration committee makes a written ruling, decision or notice of inadmissibility on the grounds that the matter applied for arbitration by the parties is not a labor dispute in the auction hole, and the parties are dissatisfied and file a lawsuit with the people's court in accordance with the law, the people's court shall handle it separately: (1) If it is a labor dispute case, it shall be accepted; (2) Although it is not a labor injury dispute case, it is another case within the jurisdiction of the people's court, and shall be accepted in accordance with law.

Article 3 In accordance with the provisions of Article 82 of the Labor Law, the labor dispute arbitration commission makes a written ruling, decision or notice of inadmissibility on the ground that the parties' arbitration applications exceed the time limit of 60 days, and the parties are dissatisfied and file a lawsuit with the people's court in accordance with the law, the people's court shall accept it; If the time limit for applying for arbitration has indeed expired and there is no force majeure or other justifiable reason, the litigation claim shall be rejected in accordance with law.

Yes: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes. Labor dispute arbitration refers to a legal system in which the labor dispute arbitration commission makes a judgment on the facts of a labor dispute and makes a ruling on rights and obligations in accordance with the law according to the application of the parties.

According to Articles 1 and 3 of the Labor Dispute Mediation and Arbitration Law, the arbitration of labor disputes shall be based on the facts, legally, fairly, timely, and emphasized, so as to protect the legitimate rights and interests of the parties and promote the harmony and stability of labor relations.

1. Civil Procedure Law of the People's Republic of China

Article 207:The people's court of first instance is to enforce the property portion of a legally effective civil judgment or ruling, as well as the property portion of a criminal judgment or ruling.

Other legal documents that are to be enforced by the people's courts as provided by law are to be enforced by the people's court at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located.

2. Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China

Article 256: Other legal documents to be enforced by the people's courts as provided for in the second paragraph of Article 207 of the Civil Procedure Law, including arbitral awards and notarized creditor's rights documents.

Other legal documents are to be enforced by the people's court at the place where the person subject to enforcement is domiciled or where the property of the person subject to enforcement is located; Where the parties separately apply to the above-mentioned people's courts for enforcement, the people's court that first accepts the application is to enforce it.

3. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Arbitration Law of the People's Republic of China

Article 29 In cases where a party applies for enforcement of an arbitral award, the Intermediate People's Court at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located shall have jurisdiction.

1. How to enforce the arbitration decision as a result?

After the arbitration result is released, it shall be implemented in accordance with the decision on the arbitration decision.

If the parties do not appeal within 15 days, the award takes effect, and the applicant can take the award to the unit for enforcement, and if the unit refuses to pay the request supported in the award, it can apply for enforcement as the enforcement division of the local people's court, and the time for compulsory enforcement is about 6 months.

After the arbitral award takes effect, it shall apply to the court of the Arbitral Award for enforcement.

Arbitration is divided into labor arbitration and commercial arbitration.

After the labor arbitration award takes effect, if the other party fails to perform the corresponding obligations, it shall apply to the people's court at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located for compulsory enforcement. Where separate applications for enforcement are made to the above-mentioned people's courts, enforcement is to be enforced by the people's court that first accepts the application.

After the commercial arbitration award takes effect, the other party fails to perform the corresponding obligations and applies to the Intermediate People's Court at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located. Where the people's court applies for enforcement separately, the people's court that first accepts the application is to enforce it.