What are the provisions of Article 46 of the Rules for Handling Labor Dispute Arbitration?

Are you talking about the rules for handling labor and personnel dispute arbitration, the rules for handling cases of labor dispute arbitration commissions, or the law on labor dispute mediation and arbitration Labor and Personnel Dispute Arbitration Rules: Article 46 Where the relevant institutions are requested for instructions due to unclear grounds for handling the case, or where it is necessary to wait for the determination of work-related injuries, the appraisal of the level of disability, the conclusion of judicial appraisal, the service of public notices, and other objective circumstances that require the suspension of the arbitration hearing, the hearing of the case may be suspended with the approval of the chairman of the arbitration commission, and the parties shall be notified in writing. The arbitral tribunal shall resume the hearing after the objective circumstances for the suspension of the hearing have been eliminated.

Rules for Handling Cases of Labor Dispute Arbitration Commission: Article 46 The arbitration commission shall accept a labor dispute where the parties exceed the statute of limitations for appealing due to force majeure or other legitimate reasons. Labor Dispute Mediation and Arbitration Law:

Article 46 The award shall clearly state the request for arbitration, the facts in dispute, the reasons for the award, the result of the award and the date of the award. The award shall be signed by the arbitrator and stamped with the seal of the Labor Dispute Arbitration Commission. Arbitrators who disagree with the award may or may not sign.

It means that if the parties fail to apply for labor arbitration within the limitation period due to some major natural disasters (such as **, floods, typhoons, etc.), the labor arbitration commission should accept the overdue application.

The implementing regulations of the Labor Arbitration Law mainly include mediation and arbitration, and the settlement of labor disputes shall be based on the facts, follow the principles of legality, fairness, timeliness and emphasis on mediation, and protect the legitimate rights and interests of the parties in accordance with the law. In the event of a labor dispute, the employee may negotiate with the employer, or ask the labor union or a third party to negotiate with the employer to reach a settlement agreement.

1. How to complain to the Labor Bureau about the company's non-payment of wages?

If you complain to the Labor Bureau, the company will not pay your salary, and the Labor Bureau will not be able to apply directly to the Labor Arbitration Commission for arbitration. In the event of a labor dispute, the employee may negotiate with the employer, or ask the labor union or a third party to negotiate with the employer to reach a settlement agreement. 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.

If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

2. What should I do if the unit resigns without signing a labor contract and does not pay wages?

The employee can negotiate with the employer to demand double the salary and severance compensation. It is also possible to ask the labor union or a third party to negotiate with the employer to reach a settlement agreement. 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 the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

3. How to deal with labor disputes among retirees.

1. Reconciliation. The employee may negotiate with the employer, or ask the labor union or a third party to negotiate with the employer to reach a settlement agreement. 2. Mediation.

In the event of a labor dispute, if the parties are unwilling to negotiate or fail to negotiate, cannot reach a settlement agreement, or do not perform after reaching a settlement agreement, they may apply to the mediation organization for mediation. 3. Arbitration. 4. Litigation.

Article 2 of the Detailed Rules for the Implementation of the Law 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 and 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 stipulated by laws and regulations.

1. Labor arbitration is generally divided into four steps: application by the parties, examination and acceptance, preparation for arbitration, and arbitration hearing.

2. Review and acceptance: If the labor arbitration application meets the requirements, the labor dispute arbitration commission shall make a decision to accept or not accept the application within five working days from the date of receipt of the arbitration application.

3. Preparation for arbitration: The arbitration commission shall constitute an arbitration tribunal within seven days from the date of filing of the labor dispute case that the arbitration commission decides to accept.

4. Arbitration hearing: The arbitral tribunal shall notify both parties in writing of the date and place five days in advance; If the parties have a legitimate reason, they may request an extension three days in advance.

2. Interruption of the Statute of Limitations for Arbitration:

1. One party claims rights against the other party through negotiation, application for mediation, etc.;

2. One party requests remedies by filing a complaint with the relevant department, applying to the arbitration commission for arbitration, filing a lawsuit with the people's court or applying for a payment order;

3. The other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated.

3. The rules for handling arbitration of labor and personnel disputes are:

1) In the case of a dispute involving more than 10 workers in a group of 10 workers, or a labor dispute arising from the performance of a collective contract, the arbitration commission may give priority to filing and hearing;

2) The arbitration commission shall form an arbitration tribunal in accordance with the tripartite principle to deal with labor disputes arising from the performance of collective contracts;

3) If a labor dispute arising from the performance of a collective contract cannot be resolved through negotiation, the trade union may apply for arbitration in accordance with the law.

Legal basis: Rules for Handling Labor Dispute Arbitration

Article 46 In the following circumstances, the arbitration time limit shall be calculated in accordance with the following provisions:

1) If the arbitral tribunal adds a party or a third party, the arbitration period shall be recalculated from the date on which the decision is made;

2) If the claimant needs to supplement and correct the materials, the time when the arbitration application is received by the arbitration commission shall be recalculated from the date of the supplementation and correction of the materials; (3) Where a claim for arbitration is added or modified, the time limit for arbitration shall be recalculated from the date on which the request for addition or modification is accepted;

4) Where the application for arbitration and the counterclaim are combined, the time limit for arbitration shall be recalculated from the date of acceptance of the counterclaim;

5) Where the case is transferred to jurisdiction, the time limit for arbitration shall be recalculated from the date of acceptance of the transfer;

6) The period of suspension of the hearing and the period of service of the public notice shall not be included in the time limit for arbitration;

7) Other circumstances where laws and regulations provide shall be calculated separately.

Article 47 of the Labor Dispute Mediation and Arbitration Law stipulates that the arbitral award shall be final and shall take legal effect from the date of issuance, unless otherwise provided for in this Law, for the following labor disputes: (1) Disputes over the recovery of labor remuneration, work-related injury medical expenses, economic compensation or compensation, which does 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. Article 13 of the Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases Article 47 of the Mediation and Arbitration Law shall be handled in accordance with the final award if a worker seeks labor remuneration, medical expenses for work-related injuries, economic compensation or compensation in accordance with Article 47 (1) of the Mediation and Arbitration Law.