Errors in the application of law in arbitral awards

1 (2) Disputes arising from the implementation of national labor standards in terms of working hours, rest and vacation, social insurance, etc. Pension insurance is a social insurance, so it is final.

2(1) There is a true error in the application of laws and regulations;

If the applicable laws and regulations in your case are wrong, the Intermediate People's Court may set aside the arbitral award. After the revocation, you can go to the county court to file a lawsuit and no longer have to go to arbitration.

If the Intermediate People's Court finds that the application of the law is correct, it will reject the unit's claim and order the unit to insure me according to the ruling.

If you say that he didn't insure you at all, then he should show evidence that he didn't give you the reason for it, or that he did. If not, then all of his reasons are not valid and he will lose the case. But the specific result depends on the judgment of the Intermediate Court, and I think you will win the case.

According to your statement, your employer refuses to pay pension insurance for you, which obviously falls within the scope of labor arbitration. Your unit went so far as to file a lawsuit with the Intermediate People's Court to revoke the arbitral award, and put forward the reasons that the above three points are completely incorrect and do not reach the meaning.

There are only 3 possibilities for this to happen:

1. The people in your unit really don't understand the law;

2. The people in your unit are deliberately delaying time and increasing your costs;

3. The people in your unit are full of food and support.

Legal analysis: After an arbitral award is made by a commercial arbitration institution, unless the content of the award is final, if one of the parties is dissatisfied with the arbitral award, it may file a lawsuit with the people's court. If a party discovers that an arbitral award that has taken legal effect is in error, it shall report to the chairman of the arbitration commission.

If the arbitration commission decides to re-handle an arbitration case that has already taken effect, it shall terminate the enforcement of the effective arbitral award and issue an arbitration decision declaring the effective arbitral award invalid.

Legal basis: Arbitration Law of the People's Republic of China

Article 20 Where a party has any objection to the validity of the arbitration agreement, it may request the arbitration commission to make a decision or the people's court to make a ruling. If one party requests the arbitration commission to make a decision, and the other party requests the people's court to make a ruling, the people's court shall make a ruling. If the parties have any objection to the validity of the arbitration agreement, they shall raise it before the arbitral tribunal for the first time.

Article 56 The Arbitral Tribunal shall make corrections to any errors in the wording or calculation of the award or matters which have been decided by the Arbitral Tribunal but omitted from the award; Within 30 days from the date of receipt of the award, the parties may request the arbitral tribunal to make corrections.

1. According to the current legal provisions, the law also provides for remedies for effective commercial arbitration awards.

For effective commercial arbitral awards, the law provides that the parties may apply to the Intermediate People's Court at the place where the arbitration commission is located for revocation (Article 58 of the Arbitration Law of the People's Republic of China); In addition, article 71 of the Arbitration Law of the People's Republic of China also stipulates that if an effective commercial arbitral award is proved to be in error by evidence, the people's court shall decide not to enforce it after review and verification by a collegial panel.

2. The law also provides for remedies for the judgments and rulings of the effective people's courts.

Where the president of any level of court discovers that there is a real error in the judgment or ruling of that court and finds that a retrial is necessary, the law provides that the court president of any level of court shall submit a draft to the adjudication committee for discussion and decision. Where the Supreme People's Court discovers that there is truly an error in a judgment or ruling of a local people's court at any level, or a higher people's court's judgment or ruling on a lower people's court that has already taken legal effect, it has the right to bring it to trial or order a lower people's court to retry it, and may submit it to the adjudication committee for discussion and retrial, and the parties may also apply to the court at the level above for a retrial. In addition, the parties concerned may also file a complaint with the people's procuratorate.

The people's procuratorate may also raise a prosecutorial counter-appeal in this regard.

3. The Law on Arbitration and Mediation of Labor Disputes only stipulates the right of judicial relief for labor dispute arbitration that takes effect after the "finality of the first award".

Article 49 of the Law on Arbitration and Mediation of Labor Disputes stipulates that the right to relief is limited to the employer and does not include the employee. Compared with the vast majority of non-final judgments, not only is the relative number of remedies available to the effective labor dispute arbitration award of the "final award" extremely limited, but the right to such relief is granted at the expense of the employer's right to sue in court in advance.

1. Remedies.

Article 34 of the Rules for Handling Cases of Labor Dispute Arbitration Commissions (Lao Bu Fa [1993] No. 276, October 18, 1993) stipulates that: "If the chairmen of the arbitration commissions at all levels find that there is a mistake in the legally effective award of the commission and need to re-handle it, they shall submit it to the arbitration commission for decision." If the dispute is decided to be rehandled, the arbitration commission shall decide to terminate the enforcement of the original award.

The arbitration decision shall be signed by the chairman of the arbitration commission and affixed with the seal of the arbitration commission. After the arbitration commission declares the original arbitral award invalid, it shall constitute a separate arbitral tribunal within seven days from the date of the invalidation. If the arbitral tribunal deals with the labor dispute case again, it shall conclude the case within 30 days from the date of the constitution of the arbitral tribunal.

That is, when the chairmen of the arbitration commissions at all levels find that there is an error in the award of the commission, they can initiate the discussion procedure of the arbitration commission and carry out internal self-correction. Although the chairman of the BAETAC discovered the error, it is entirely possible that the party discovered it after the party raised an objection to the member of the CIETAC committee. However, regardless of the method in which the error is discovered, at least Article 34 of the original Rules for Handling Cases of the Labor Dispute Arbitration Commission provides a legal basis for the arbitration commission to self-correct the error.