Under what circumstances can a labor arbitration award be revoked? Labor Arbitration Q A

Revoke it in accordance with the people's court's ruling or judgment.

In accordance with the provisions of Articles 47, 48 and 39 of the Labor Dispute Arbitration and Mediation Law, the amount of recourse for labor remuneration, medical expenses for work-related injuries, economic compensation or compensation shall not exceed the amount of the local monthly minimum wage standard for 12 months; Disputes arising from the implementation of national labor standards in terms of working hours, rest and vacation, social insurance, etc. The arbitral award shall be final and shall take effect from the date of its issuance. If the worker is dissatisfied with the 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; If the employer considers that the award should be revoked by law, it may apply to the Intermediate People's Court at the place where the labor dispute arbitration commission is located to revoke the award within 30 days from the date of receipt of the arbitral award.

According to Article 50 of the Law of the People's Republic of China on Arbitration and Mediation of Labor Disputes, a party dissatisfied with an arbitration award for a labor dispute other than the final award 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: According to the provisions of China's Labor Dispute Mediation Law, labor arbitration cannot be revoked, but can be appealed, and if the worker is dissatisfied with the arbitration award, he may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitration award.

Legal basis: Labor Dispute Mediation and Arbitration Law of the People's Republic of China Article 48 If a worker is dissatisfied with the arbitral award provided for in Article 47 of this Law, he may file a lawsuit with the people's court within 15 days from the date of receipt of the award of Zhong Dakai's mono award.

Article 59 A party applying for revocation of an award shall submit it within six months from the date of receipt of the award. Article 60: The people's courts shall make a ruling to revoke the ruling or reject the application within two months of accepting the application for revocation of the ruling. Article 61 If, after accepting an application for revocation of an award, the people's court finds that the arbitral tribunal can re-arbitrate, it shall notify the arbitral tribunal to renew the arbitration within a certain period of time and rule to suspend the revocation procedure.

If the arbitral tribunal refuses to re-arbitrate, the people's court shall rule to resume the revocation procedure. Consequences of revocation: Article 64: Where one party applies for enforcement of an award and the other party applies for revocation of the award, the people's court shall rule to suspend enforcement.

Where a people's court rules to revoke an award, it shall rule to terminate enforcement. Where an application for revocation of an award is rejected and returned, the people's court shall rule to resume enforcement. According to Article 1 of the Labor Dispute Mediation and Arbitration Law, if the employee is dissatisfied with the arbitration award, he or she may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitration award. If the employer is not satisfied with the award, it may apply to the Intermediate People's Court at the place where the Labor Dispute Arbitration Commission is located to revoke the award within 30 days from the date of receipt of the arbitral award.

Apply to the people's court not to enforce the arbitral award, and file a lawsuit with the people's court to confirm the validity of the arbitration agreement.

Legal Analysis: The statutory circumstances for revoking a labor arbitration award include an error in the application of law, lack of jurisdiction, violation of legal procedures, falsification of relevant evidence, concealment of evidence and other disciplinary violations, which can lead to the invalidity of the labor arbitration award, and the parties may apply for revocation of the labor arbitration award.

Legal basis: Labor Dispute Mediation and Arbitration Law

Article 47 Except as otherwise provided in this Law, the arbitral award shall be final and effective from the date of its issuance

1) Disputes over the recovery of labor remuneration, medical expenses for work-related injuries, 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 48 Where a worker is dissatisfied with an arbitral award provided for in Article 47 of this Law, he 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; If no prosecution is filed at the expiration of the time limit, the ruling shall take effect.

In judicial practice, if an employee and an employer have a labor dispute, they can effectively resolve the conflict between the two parties by applying for labor arbitration, and implement the relevant resolutions according to the situation of labor arbitration, but if there is a violation of the provisions or the labor arbitration is invalid, they can directly apply to the judicial authority for revocation, and if the illegal act is caused, they also need to be investigated for legal responsibility.