Can I still appeal after the Labor Bureau has signed a mediation letter?

Updated on society 2024-03-09
5 answers
  1. Anonymous users2024-02-06

    Hello Eh, I personally think it can be appealed; The power of attorney is valid.

    Otherwise, go to visit and log in: Legal Advice Post and Lawyer Go Post to ask. Or go to the lv b an 365 platform online to consult.

  2. Anonymous users2024-02-05

    Legal analysis: Generally speaking, after signing the labor arbitration and mediation agreement, the dispute between the two parties has been settled and can no longer be sued. However, if the parties can provide relevant evidence to prove that the labor arbitration mediation violates the principle of voluntariness or that the content of the mediation agreement violates the law, they can seek relief through legal means.

    Article 42 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 42 The arbitral tribunal shall mediate before making an award. If an agreement is reached through mediation, the arbitral tribunal shall prepare a mediation statement.

    The conciliation statement shall state the request for arbitration and the outcome of the agreement between the parties. The mediation statement shall be signed by the arbitrator, stamped with the seal of the labor dispute arbitration commission, and served on both parties. The mediation statement shall take legal effect after being signed and received by both parties.

    If the mediation fails or one of the parties repents before the mediation statement is served, the arbitral tribunal shall make an award in a timely manner.

  3. Anonymous users2024-02-04

    If the mediation document has been signed, it cannot be sued, because the mediation document is made after the two parties reach an agreement on a voluntary basis, and the mediation document is a legal document made by the people's court to confirm the content of the agreement between the two parties, signed by the adjudicators and clerks, stamped with the seal of the People's Law and then served on both parties. However, if either party believes that there was a major misunderstanding, obvious unfairness, or fraud or coercion when signing the agreement, it may sue to rescind the agreement, and the court will make a new judgment in accordance with the regulations, and if the court finds that it is true, it will make a judgment to revoke the agreement.

    Article 97 of the Civil Procedure Law of the People's Republic of China: Where an agreement is reached through mediation, the people's court shall draft a mediation document. The mediation document shall clearly state the litigation demands, the facts of the case, and the mediation results. The mediation document is to be signed by the adjudicators and clerks, affixed with the seal of the people's court, and served on both parties.

    The mediation statement shall have legal effect after it is signed and received by both parties.

  4. Anonymous users2024-02-03

    Legal analysis: Labor dispute mediation documents cannot be appealed.

    Legal basis: "Law of the People's Republic of China on Labor Dispute Mediation and Mediation" Article 5 In the event of a dispute between Lao Huishan, 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; A person who is dissatisfied with an arbitral award may file a lawsuit with the people's court, except as otherwise provided in the preceding provisions of this Law.

  5. Anonymous users2024-02-02

    Legal analysis: Labor dispute mediation documents cannot be appealed.

    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, the negotiation fails, or the grinder does not perform after reaching a settlement agreement, he 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; Except as otherwise provided in this Law, a person who is dissatisfied with an arbitral award may file a lawsuit with the people's court by agreeing to the rent.

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