What is personnel dispute arbitration and how is it arbitrated

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Arbitration of personnel disputes refers to:Personnel Dispute Arbitration CommissionConduct mediation and adjudication of personnel dispute cases applying for arbitration in accordance with the law. Processing due to fulfillmentContracts of employmentand generatedPersonnel disputesYesPosition appointmentsAn important issue in . Disputes arising from the performance of an employment contract are a type of contractual dispute and should be resolved through arbitration of personnel disputes.

Introduce personnel disputes in the agencyArbitration systemOn the one hand, it can promote the management of personnel work in accordance with the law; On the other hand, if both parties to the dispute are dissatisfied with the award, they may file a lawsuit in the people's court, which is conducive to fully protecting the legitimate rights and interests of both parties. In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Personnel dispute arbitration refers to the mediation or adjudication of personnel disputes by specialized personnel arbitration institutions, which is a way to resolve personnel disputes by combining administrative power and judicial power.

The concept of arbitration of personnel disputes should be understood from the following aspects:

1. Personnel dispute arbitration is the arbitration of personnel dispute between the subjects of personnel relations by the arbitration institution of personnel disputes.

2. The application for arbitration of personnel disputes is "voluntarily submitted" by both parties or unilaterally.

3. An arbitration institution is a specialized institution that resides between the parties to a personnel dispute and enjoys the right to arbitrate personnel disputes in accordance with the law.

4. The mediation and adjudication results of personnel dispute arbitration are binding and mandatory for both parties.

The principle of arbitration of personnel disputes refers to the guidelines that both the arbitration institution and the arbitration participants must follow in the process of arbitration of personnel disputes. The basic principles of arbitration of personnel disputes include:

1. The parties are equal in the status of arbitration and equal in the application of law.

One party to a personnel arbitration is an individual and the other is an employer, and the two parties have a relationship of management and management. However, once arbitrated, the parties have equal legal status under the law. The principle of equal legal status of all parties in arbitration is a concrete embodiment of the equality of Chinese citizens before the law in arbitration activities.

This principle requires that when handling cases, arbitration institutions must be equal in the application of substantive and procedural laws to both parties, and equally protect the legitimate rights and interests of both parties.

2. Based on facts, laws, regulations, rules and policies as the criterion.

This principle requires that when dealing with personnel dispute cases, arbitration institutions must first ascertain the facts and obtain evidence materials that are not related to the case; On the basis of reaching a correct conclusion on the facts of the case, the relevant state laws, regulations, rules, and policies are to be used as the criteria for distinguishing between right and wrong, and the case is to be handled fairly in accordance with law. The award of personnel dispute arbitration involves the legitimate rights and interests of both parties. Therefore, it is necessary to ensure that the facts of the case are clear, the applicable regulations and policies are correct, and the procedures are lawful.

The principle of taking facts as the basis and the law as the criterion is the first principle of arbitration of personnel disputes.

3. The principles of timeliness, fairness and reasonableness.

The principle of timeliness means that arbitration has strict time limit requirements, and after receiving the arbitration application, the arbitration institution shall make a decision on acceptance or non-acceptance in a timely manner and notify the parties, and the decision to accept the case shall be made in a timely manner within the prescribed time limit. The principle of fairness means that the arbitration institution shall protect the legitimate rights and interests of the parties in a fair and fair manner, and shall not favor any party; The content of personnel disputes is extensive and complex, and the handling of some disputes has no substantive legal norms, so the principle of reasonableness should be applied.

4. The principle of independent handling of cases by arbitration institutions.

This principle means that the personnel dispute arbitration commission is independent in handling personnel dispute cases, and no organization or individual has the right to intervene.

Legal Analysis: The arbitration procedures for labor and personnel disputes are as follows:

1. Submit a written application. Parties to labor and personnel disputes applying to the Labor and Personnel Arbitration Commission for arbitration shall submit a written application within the statutory time limit.

2. Acceptance of arbitration. The Labor and Personnel Dispute Arbitration Commission shall, within 5 days from the date of receipt of the arbitration application of the parties, make a decision on whether to accept or not to accept the application.

3. **Trial. The arbitral tribunal shall, 5 days before the date of **, serve a written notice of the time and place of ** on the parties. The arbitral tribunal shall conduct the hearing in accordance with the provisions of the Rules for the Arbitration of Labor and Personnel Disputes.

The arbitral tribunal may organize the parties to conduct pre-hearing mediation before **. The handling of labor and personnel disputes shall be mediated first, and on the basis of ascertaining the facts of the hidden promotion, the parties shall be urged to reach an agreement voluntarily, and the content of the agreement shall not violate laws and regulations.

4. Ruling. The arbitral tribunal shall adjudicate labor and personnel dispute cases in accordance with the principle that the minority obeys the majority. Dissenting opinions must be truthfully recorded. After the arbitral tribunal has rendered its award, it shall prepare an award and serve it on the parties.

Legal basis: Labor Dispute Mediation and Arbitration Law of the People's Republic of China Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, Xinbi may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Legal Analysis: Scope of Application of Personnel Dispute Arbitration: Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts; Disputes arising from labor remuneration, work-related injury medical expenses, economic compensation or compensation, etc.; disputes arising from removal, dismissal, resignation or resignation; Disputes arising from the confirmation of employment relations; disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection; Other.

Legal basis: "Labor Dispute Mediation and Arbitration Law of the People's Republic of China" Article 2 This Law shall apply to the following types of labor disputes between employers and employees 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.

Legal Analysis: Scope of Application of Personnel Dispute Arbitration: Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts; Disputes arising from labor remuneration, medical expenses for work-related injuries, compensation or compensation for economic slippage, etc.; disputes arising from removal, dismissal, resignation or resignation; Disputes arising from the confirmation of employment relations; disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection; Its slender limbs he.

Legal basis: "Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes" Article 2 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.

Arbitration, also known as "Chinese party award", is adjudicated by a third party other than the national judicial organ, that is, the parties voluntarily submit the dispute to a third party for trial, and the party makes a judgment or award. The third party is either an arbitrator (also known as an "umpire") selected by the parties or an arbitral institution.

General civil disputes are arbitrated when mediation is not reached. The arbitral tribunal (or the arbitration unit or arbitrator) shall carefully listen to the statements and arguments of the parties, present relevant evidence, and then consult the final opinions of both parties in the order of the claimant and the respondent, and may proceed to mediation. If no agreement is reached through mediation, the arbitral tribunal shall make a decision after deliberation.

Personnel disputes: 1) Disputes arising from the recruitment, transfer, and performance of employment contracts between state administrative organs and staff.

2) Disputes between public institutions and staff members arising from resignation, dismissal, or performance of employment contracts or employment contracts.

3) Disputes arising from the performance of employment contracts or employment contracts between enterprise units and management personnel and professional and technical personnel.

4) Talent mobility disputes and other personnel disputes that can be arbitrated in accordance with laws, regulations, and rules.

Personnel disputes: 1) Disputes arising from the recruitment, transfer, and performance of employment contracts between state administrative organs and staff.

2) Disputes between public institutions and staff members arising from resignation, dismissal, or performance of employment contracts or employment contracts.

3) Disputes arising from the performance of employment contracts or employment contracts between enterprise units and management personnel and professional and technical personnel.

4) Talent mobility disputes and other personnel disputes that can be arbitrated in accordance with laws, regulations, and rules.

The following disputes are labor disputes and can be applied for labor arbitration:

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.

Legal basis] Article 2 of the Law on Mediation and Arbitration of Labor Disputes between Huicha Labor Disputes This Law shall apply to the following labor disputes between employers and employees within the territory of the People's Republic of China:

1) Disputes arising from the employment relationship;

(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.