Arbitration procedures under the Rules for Arbitration of Labor and Personnel Disputes

1. What are the provisions of the rules for the arbitration of labor and personnel disputes?

1. The rules for handling labor and personnel dispute arbitration are as follows:

1) In the case of a dispute involving more than 10 workers on one side of the labor force, 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 fails to resolve the suspicion through negotiation, the trade union may apply for arbitration in accordance with the law;

4) If there are more than 10 workers in the dispute, and there is a joint request from the state, the workers may nominate three to five representatives to participate in the arbitration activities.

2. Legal basis: Article 5 of the Rules for the Handling of Labor and Personnel Dispute Arbitration.

In the case of a dispute involving more than 10 workers and a joint claim, or a labor dispute arising from the performance of a collective contract, the arbitration commission shall give priority to filing and hearing the case.

Article 6. Where a dispute arises in which the employer fails to apply for a business license for the vacant business, has its business license revoked, continues to operate after the business license expires, is ordered to close down or is revoked, or the employer is dissolved or suspends business, and cannot bear the relevant liabilities, the employer and its investors, the start-up unit or the competent department shall be regarded as joint parties.

2. What information is required for arbitration?

1. Application for arbitration;

2. Original or copy of the contract;

3. Arbitration agreement;

4. Proof of identity;

5. Power of attorney;

6. Evidentiary materials;

7. Apply for property preservation or evidence preservation;

8. Other materials to be submitted.

The Rules for Arbitration and Handling of Labor and Personnel Disputes are formulated in accordance with the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes (hereinafter referred to as the Mediation and Arbitration Law), the Civil Servants Law of the People's Republic of China (hereinafter referred to as the Civil Servants Law), the Regulations on the Personnel Management of Public Institutions, the Regulations on Civilian Personnel of the Chinese People's Liberation Army and relevant laws, regulations and relevant provisions for the fair and timely handling of labor and personnel disputes (hereinafter referred to as disputes) and standardizing arbitration procedures. It was deliberated and approved by the 123rd ministerial meeting of the Ministry of Human Resources and Social Security on April 24, 2017, promulgated by the Ministry of Human Resources and Social Security on May 8, 2017, and came into force on July 1, 2017.

Chapter I: General Provisions.

Article 1 These Rules are formulated in accordance with the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes (hereinafter referred to as the Mediation and Arbitration Law), the Law of the People's Republic of China on Civil Servants (hereinafter referred to as the Civil Servants Law), the Regulations on the Administration of Personnel Speculation in Public Institutions, the Regulations on the Matching of Civilian Personnel of the Chinese People's Liberation Army, and relevant laws, regulations, and relevant provisions, so as to fairly and timely handle labor and personnel disputes (hereinafter referred to as disputes) and to standardize arbitration procedures.

Legal Analysis: The Rules for the Arbitration of Labor and Personnel Disputes were formulated to handle labor and personnel disputes in a fair and timely manner (hereinafter referred to as disputes) and to standardize the arbitration procedures, and were adopted by the 15th ministerial meeting of the Ministry of Human Resources and Social Security on December 17, 2008.

Legal basis: Rules for Handling Arbitration of Labor and Personnel Disputes

Article 1 These Rules are formulated in accordance with the Law of the People's Republic of China on the Mediation and Settlement of Labor Disputes (hereinafter referred to as the Mediation and Arbitration Law), the Civil Servants Law of the People's Republic of China (hereinafter referred to as the Civil Servants Law), the Regulations on Civilian Personnel of the Chinese People's Liberation Army, relevant laws and regulations, and relevant provisions in order to fairly and timely handle labor and personnel disputes (hereinafter referred to as disputes) and standardize arbitration procedures.

Article 2 These Rules shall apply to the arbitration of the following disputes:

1) Disputes arising from the confirmation of labor relations, the conclusion, performance, modification, dissolution and termination of labor contracts, working hours, rest and vacation, social insurance, welfare, training and labor protection, labor remuneration, medical expenses for work-related injuries, economic compensation or compensation between workers established by government agencies, public institutions and social organizations and other organizations and workers, as well as between workers;

2) Disputes arising from the performance of employment contracts between organs implementing the Civil Servants Law and civil servants under the appointment system, or between organs (units) managed with reference to the Civil Servants Law and hired staff;

3) Disputes arising between public institutions and staff members over the termination of personnel relations such as removal, dismissal, resignation, or resignation, as well as the performance of employment contracts;

4) Disputes between social groups and staff members over the termination of personnel relations such as removal, dismissal, resignation, or resignation, as well as the performance of employment contracts;

5) Disputes arising from the performance of employment contracts between military civilian personnel employing units and civilian personnel;

6) Other disputes to be handled by the arbitration commission as stipulated by laws and regulations.

Article 3 The arbitration commission shall follow the principles of legality and fairness in handling dispute cases, conduct mediation in advance, and make timely rulings.

Article 4 The arbitration commission may give priority to the filing and hearing of disputes involving more than 10 workers on one side of the workers, or labor disputes arising from the performance of a collective contract. The arbitration commission shall form an arbitration tribunal in accordance with the tripartite principle to handle labor disputes arising from the performance of collective contracts.