How to deal with dissatisfaction with an arbitral award

According to article 82 of the Labor Law, if there is no objection to the arbitral award, the parties must perform it. Then, if there is any objection, according to Article 83 of the Labor Law, if the parties to a labor dispute are dissatisfied with the arbitral award, they may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award.

If one party does not file a lawsuit and fails to perform the arbitral award within the statutory time limit, the other party may apply to the people's court for compulsory enforcement. According to Article 30 of the Regulations on the Settlement of Labor Disputes in Enterprises, if a party is dissatisfied with the arbitral award, it may file a lawsuit with the people's court within 15 days from the date of receipt of the awardIf no prosecution is filed at the expiration of the time limit, the ruling shall take legal effect.

Legal analysis: If a person is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. However, the final decision can only be sued by the employee.

Labor dispute cases shall be under the jurisdiction of the basic people's court at the place where the employer is located or where the labor contract is performed. If the place of performance of the labor contract is not clear, the basic people's court at the place where the employer is located shall have jurisdiction.

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

Article 48 Where a worker is dissatisfied with an arbitral award provided for in Article 47 of this Law, he or she may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award.

Article 50 Where a party is dissatisfied with an arbitral award in a labor dispute case other than that provided for in Article 47 of this Law, it may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award;Where no prosecution is made at the expiration of the time limit, the ruling takes legal effect.

Legal analysis: A lawsuit can be filed with the people's court.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 153:People's courts hearing cases where a portion of the facts are already clear, may make a judgment on that part in advance.

Article 154: It is ruled that the following scopes apply:

a) Inadmissibility;

2) Objections to jurisdiction;

3) Dismissal of the indictment;

4) Preservation and Advance Enforcement;

5) Permitting or not permitting the withdrawal of the lawsuit;

6) Suspend or terminate litigation;

Rulings in items 1 through 3 of the preceding paragraph may be appealed.

The ruling document shall clearly state the outcome of the ruling and the reasons for making the ruling. The written ruling is to be signed by the adjudicators and clerks, and affixed with the seal of the People's Law Pure Transport Court. Where an oral ruling is made, it is to be recorded in the record.

Legal analysis: You can file a lawsuit with the people's court.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 153:People's courts hearing cases where some of the facts are already clear, they may make a judgment on that part in advance.

Article 100 54 The ruling applies to the following scope:

a) Inadmissibility;

2) Objections to jurisdiction;

3) Dismissal of the indictment;

4) Preservation and Advance Enforcement;

5) Permitting or not permitting the withdrawal of the lawsuit;

6) Suspending or terminating litigation;

Rulings in items 1 through 3 of the preceding paragraph may be appealed.

The ruling document shall clearly state the outcome of the ruling and the reasons for making the ruling. The written ruling is to be signed by the adjudicators and clerks, and the seal of the people's court is to be affixed. Where an oral ruling is made, it is to be recorded in the record.

If you are not satisfied with the arbitral award, you may apply to the people's court to set aside the arbitral award, and then reapply for arbitration or file a lawsuit with the people's court in accordance with the court's ruling. Arbitration is usually an industry-wide civil activity, which is a private act, that is, a private adjudication act, rather than a state adjudication act, and it is listed as a way to resolve civil (commercial) disputes along with reconciliation, mediation and litigation. However, arbitration is subject to the supervision of the state in accordance with the law, and the state, through the courts, may intervene in the validity of the arbitration agreement, the formulation of arbitration procedures, the enforcement of arbitral awards, and in the event of involuntary enforcement by the parties, in accordance with the scope prescribed by the law of the forum.

After the award is rendered, if the parties apply for arbitration or file a lawsuit with the people's court again for the same dispute, the arbitration commission or the people's court shall not accept it. If the award is revoked or not enforced by the people's court in accordance with law, the parties may apply for arbitration in accordance with the arbitration agreement reached by the two parties in respect of the dispute, or may file a lawsuit with the people's court.

1. The process of civil litigation dissatisfied with the arbitration result.

1. Submit a complaint.

2. After examination and acceptance, the court shall serve a copy of the indictment on the defendant;

3. If the defendant submits a reply within 15 days, the court will deliver a copy of the reply or a friend to the plaintiff within 5 days, and if the defendant does not submit a reply, it will not affect the trial;

4. For cases that are decided to be heard, the court shall notify the parties and make an announcement three days in advance;

5. The court investigation stage includes: the statements of the parties; inform witnesses of their rights and obligations, testify against witnesses, and read out the testimony of witnesses who have not appeared in court; production of documentary evidence, physical evidence and audio-visual materials; read out the appraisal conclusions; read out the inquest transcript;

6. Court debates include: speeches by the plaintiff and its litigant; Defendants and their litigants plead; The third party and its litigant speak or reply; Debating with each other. At the conclusion of the courtroom debate, the presiding judge is to solicit the final opinions of all parties in the order of the plaintiff, defendant, and third party;

7. At the conclusion of courtroom debate, a judgment shall be made in accordance with law. Where mediation is possible before the judgment is made, mediation may also be conducted, and where mediation fails, a judgment shall be made in a timely manner.

8. Announcement of judgment.

Legal analysis: If a party is dissatisfied with the award made by the labor dispute arbitration commission, he or she may file a lawsuit with the people's court in accordance with the law. There are three conditions for the people's court to accept the case: first, disputes arising in the course of performing the labor contract; (2) disputes that arise after the employee and the employer have not signed a written labor contract, but the jujube companion has formed an employment relationship; The third is disputes arising from social insurance premiums after retirement.

When filing a lawsuit, a complaint shall be submitted to the court and a labor arbitration award shall be provided.

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

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to reach a settlement agreement, 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; Except as otherwise provided in this Law, a lawsuit may be filed with the People's Court.

Article 48 Where a worker is dissatisfied with an arbitral award provided for in Article 47 of this Law; A lawsuit may be filed with the people's court within 15 days from the date of receipt of the arbitral award.

The first thing to know is the scope of arbitration. The so-called arbitration refers to contract disputes and other property disputes that arise between citizens, legal persons and other organizations that are equal subjects. However, disputes that do not fall within the scope of application of the Arbitration Law cannot be arbitrated, such as marriage, adoption, guardianship, maintenance, inheritance, administrative disputes, labor disputes, and agricultural contract disputes within agricultural collective economic organizations, etc., which are subject to special arbitration procedures.

As mentioned in the title, labor disputes should be accepted by a suitable special labor arbitration, and the general procedure of labor arbitration is to first arbitrate and mediate, and if the mediation fails, you can file a lawsuit with the people's court.