What should I do if the respondent deliberately refuses to sign for the delivery of the arbitration

Where the labor arbitration notice is not signed and the labor department may use other methods to serve it, including service by mail or public announcement. If it is rejected by mail, it cannot be regarded as service, and it can only be deemed to have been served if the announcement is served.

If the respondent deliberately refuses to sign for the delivery of the notice of arbitration by mail, it may apply to the labor department to notify it by means of public announcement.

Where the respondent deliberately refuses to sign for the delivery of the notice of arbitration, the labor department may use other means to serve it, including service by mail or public announcement. If it is rejected by mail, it cannot be regarded as service, and it can only be deemed to have been served if the announcement is served.

The arbitration document served by the arbitration commission must have a certificate of service, which shall be signed or sealed by the recipient on the receipt of the receipt of the receipt of the document. The date of receipt signed by the recipient on the receipt of service is the date of delivery. Where service cannot be made due to reasons such as the suspension of business of the enterprise and there are more than 10 employees, or if the recipient refuses to sign and receive the arbitration documents, if the arbitration documents are retained or posted at the addressee residence, and recorded by means such as taking photos or videos, it shall be deemed to have been served after three days from the date of retention in custody or posting.

If the employer refuses to accept the notice of defense and the notice of defense served by the labor arbitration to the employer, the arbitration commission may make an announcement in accordance with the law. In the event of a labor dispute, the employee may negotiate with the employer to settle the dispute, and if the employer does not negotiate, the employee may apply to the labor arbitration institution for arbitration, and the arbitration institution will issue an arbitration notice to the employer after accepting the arbitration. If the notice is not delivered to the employer, it will be deemed that the parties have waived their right to defend themselves, and the arbitration commission may make a default award.

If the respondent receives a written notice and refuses to appear at the hearing without justifiable reasons or withdraws from the hearing without the consent of the arbitral tribunal, it may make an award in absentia. Therefore, whether it is an employer or an employee, the most advantageous thing for the labor arbitration commission or the court to accept the written notice is to accept it.

The conditions for filing a labor arbitration case are as follows:

1. The applicant is a citizen, legal person or other organization that has a direct interest in the case;

2. There is a clear respondent;

3. There are specific application requests and factual reasons;

4. It is within the scope of acceptance by the Labor Dispute Arbitration Commission.

Labor Dispute Mediation and Arbitration Law of the People's Republic of China Article 36 If the claimant refuses to appear in court without justifiable reasons or withdraws from the hearing without the consent of the arbitral tribunal after receiving a written notice, it may be deemed to have withdrawn the arbitration application. If the respondent receives a written notice and refuses to appear at the hearing without justifiable reasons or withdraws from the hearing without the consent of the arbitral tribunal, it may make an award in absentia.

Publication in the newspaper depends on the requirements of the Arbitration Bureau, which level of newspaper is required to be published, whether it is municipal or provincial or national, or a certain type of newspaper is designated.

For example, the People's Court Newspaper publishes, the content of the newspaper will generally be written by the Labor Arbitration Bureau to give you the content to be published, and there is a stamped document, this newspaper is needed, the newspaper can be directly operated on the mobile phone Alipay or WeChat applet, search on the home page of Alipay: run the government, the provincial and municipal newspapers in it are very detailed, and you can choose the newspaper according to your own situation.

Publication depends on the requirements of the Arbitration Bureau, which level of newspaper is required to be published, whether it is municipal or provincial or national, or a certain type of newspaper designated by Chi Xin.

For example, the newspaper is published in the People's Court Daily, and the content of the newspaper will generally be written by the Labor Arbitration Bureau to give you the content to be published, and there is a stamped document, which is needed to publish the newspaper, and the newspaper can be operated directly on the mobile phone Alipay or WeChat applet, and search on the homepage of Alipay: run the political pass, which has ** very detailed provincial and municipal newspapers, and you can choose the newspaper according to your own situation.

Legal Analysis: If the labor arbitration notice is not signed and the labor department may use other methods to serve it, including the service by mail or announcement. If it is rejected by mail, it cannot be regarded as service, and only in the case of public announcement can it be deemed to have been served to the elderly.

Legal basis: Article 51 of the Rules for Handling Cases of the Labor Dispute Arbitration Commission Where the whereabouts of the recipient of the service are unknown, or the arbitration documents cannot be served by other means provided for in these Provisions, the service may be announced by public announcement. After 30 days from the date of issuance, it shall be deemed to have been served.

Where the public notice is served, the reasons and process shall be noted in the case file.

The publication of the newspaper depends on the requirements of the Arbitration Bureau, which level of newspaper is required to be published, whether it is municipal or provincial or national, or a certain type of newspaper is designated.

For example, the people's court newspaper publishes, the content of the newspaper will generally be written by the labor arbitration bureau to you directly to publish the content, and there is a document stamped for this judgment, this newspaper is needed, the newspaper can be directly operated on the mobile phone Alipay or WeChat applet, search on the homepage of Alipay: run the government, the provincial and municipal newspapers are very detailed, and you can choose the newspaper according to your own situation. If you still don't understand, you can unify to know and understand

After arbitration, if an award is made on the matter, and the award cannot be served on the parties, the award will be announced and served on the relevant ** or publicity boards. After the expiration of the announcement period, the arbitral award shall be deemed to have been served, have legal effect and take effect on both parties. It is used when the whereabouts of the recipient are unknown, or it cannot be delivered by other means.

The price of lead ranges from tens of yuan to several hundred yuan.

If the labor arbitration notice is applied for not to be signed, the labor department may use its hail and other methods to serve it, including the service by mail or public announcement. If it is rejected by mail, it cannot be regarded as service, and only when the announcement is served can it be regarded as hail service.

If the respondent refuses to accept the arbitration, it can only go to the court to file a lawsuit.

Where the parties use arbitration to resolve disputes, both parties shall voluntarily reach an arbitration agreement. In the absence of an arbitration agreement, if one party applies for arbitration, the arbitration commission shall not accept it. If the applicant is dissatisfied with the arbitral award in a labor dispute case, he or she 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.

The system of final arbitration shall be implemented. After the award is made, if the parties apply for arbitration or file a lawsuit with the people's court for the same dispute, the arbitration commission or the people's court shall not accept it. Therefore, if arbitration is chosen to resolve the dispute in advance, after the arbitral award is made, the commercial dispute can no longer be litigated in court.

It should be understood that if the recipient refuses to accept the arbitration document, the person serving the source of the dispute shall invite a representative of the relevant organization or other persons to be present, explain the situation, prove the reason and date of the refusal on the receipt of service, and have the person serving or the witness sign or seal, and leave the document of service at the residence of the person to be served, which is deemed to have been served, which is called service in lien. Service in lien has the same effect as direct service.

In general, there are situations where the respondent does not accept arbitration, which can only be resolved by way of litigation. If a party fails to file a lawsuit with the people's court within 15 days prescribed by law due to refusal to accept the award, it will lose the right to file a lawsuit with the people's court, and the award will take legal effect.

Legal basis

Rules for Handling Cases of Labor Dispute Arbitration Commissions

Article 51.

If the whereabouts of the person to be served are unknown, or the arbitration documents cannot be served by other means provided herein, service may be made by public announcement. After 30 days from the date of issuance, it shall be deemed to have been served. When the public notice is served, the reasons and process shall be recorded in the case file.