What should I do if the labor arbitration claimant fails to appear in court and how to remedy it

Labor Dispute Arbitration** Procedure.

The labor dispute arbitration commission shall, within 5 days from the date of acceptance of the arbitration application, notify the parties in writing of the composition of the arbitral tribunal. The arbitral tribunal shall notify the parties in writing of the date and place of ** 5 days in advance. If the parties have a legitimate reason, they may request an extension before the 3rd day.

Whether to extend the extension shall be decided by the Labor Dispute Arbitration Commission.

If the claimant receives a written notice and refuses to appear before the hearing without justifiable reasons or withdraws from the hearing without the consent of the arbitral tribunal, it may be deemed to have withdrawn the application for arbitration. 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.

**During the hearing, the arbitrator shall hear the statement of the claimant and the respondent's defense, preside over the hearing, conduct investigation, cross-examination and debate, solicit the final opinions of the parties, and conduct mediation.

After the parties apply for labor dispute arbitration, they may settle on their own. If a settlement agreement is reached, the application for arbitration may be withdrawn, or the arbitral tribunal may be requested to prepare a mediation statement in accordance with the settlement agreement.

The arbitral tribunal shall mediate before making an award. If an agreement is reached through mediation, the arbitral tribunal shall prepare a mediation statement. The conciliation statement shall state the request for arbitration and the outcome of the agreement between the parties.

The mediation statement shall be signed by the arbitrator, stamped with the seal of the labor dispute arbitration commission, and served on both parties. The mediation statement shall take legal effect after being signed and received by both parties. If the mediation fails or one of the parties repents before the mediation statement is served, the arbitral tribunal shall make an award in a timely manner.

If the claimant refuses to appear in the blind slide court without justifiable reasons during the labor arbitration**, it may be deemed to have withdrawn the arbitration application; Where the respondent refuses to appear in court without a legitimate reason, the ruling may be made in absentia. The arbitral tribunal shall notify the parties in writing of the date and place of ** five days in advance. If the parties have a legitimate reason, they may request an extension three days in advance.

Whether to extend the extension shall be decided by the Labor Dispute Arbitration Commission.

Legal basis: Article 36 of the Law on Mediation and Arbitration of Labor Disputes.

If the claimant 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 be deemed to have withdrawn the application for arbitration. If the person to whom the application is made 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, the award may be made in absentia.

In the case of a labor dispute arising out of the labor relationship, the arbitral tribunal shall make an award within 45 days from the date on which the arbitration application is accepted by the Arbitration Commission. Where the case is complex and requires an extension, the extension period must not exceed 15 days; If the applicant 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.

The application for labor arbitration is time-limited. The limitation period for applying for arbitration of labor disputes is one year.

How to deal with labor arbitration in the absence of the respondent in labor arbitration, there may be two situations, one is that the applicant does not appear in court on time, and the other is that the respondent does not appear in court on time. If the respondent resolutely refuses to attend the labor case, how can the arbitration be conducted? In accordance with the provisions of the Labor Dispute Mediation and Arbitration Law, the respondent received a written notice and refused to appear in court without justifiable reasons or without the consent of the arbitral tribunal

Legal Analysis: If the claimant in labor arbitration refuses to appear in court without justifiable reasons when the judgment is harassing labor arbitration**, it will bear the adverse legal consequences of being deemed to have withdrawn the arbitration application by the arbitral tribunal.

Legal basis: Article 39 of the Rules for the Handling of Labor and Personnel Dispute Arbitration If the applicant receives a written notice and refuses to appear in court without justifiable reasons or withdraws from the hearing without the consent of the arbitral tribunal, it may be treated as withdrawing the arbitration application; If the claimant re-applies for arbitration, the arbitration commission shall not accept it. 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, the arbitral tribunal may continue the hearing and make an award in absentia.