Chapter V of the Rules for the Organization of Labor and Personnel Dispute Arbitration Arbitration S

Article 30 CIETAC shall supervise the arbitrators appointed by the Commission and the arbitration activities in accordance with the law, including the acceptance of arbitration applications, the composition of the arbitral tribunal and the arbitration activities of the arbitrators.

Article 31 Where the Arbitration Commission finds that a dispute case that should be accepted but has not been accepted within the statutory time limit or has already issued a notice of non-acceptance, and the applicant has not filed a lawsuit with the people's court, it shall, after soliciting the applicant's consent in writing, accept the case in a timely manner and revoke the notice of inadmissibility that has been issued.

Article 32 An arbitrator shall not engage in any of the following acts:

1) Bending the law in favor of one party;

3) Exploiting one's authority to seek personal gain for oneself or others;

4) Concealing evidence or fabricating evidence;

5) Meeting with the parties and their ** people privately, and accepting hospitality and gifts from the parties and their ** people;

6) Intentionally delaying the handling of cases or dereliction of duty;

7) Disclosing the circumstances of the case handling to the public without authorization;

8) Serving as the first person in arbitration cases during the term of office;

9) Other violations of law and discipline.

Article 33 Where an arbitrator falls under the circumstances specified in Article 32 of these Rules, the arbitration commission shall, depending on the severity of the circumstances, give criticism, education, dismissal, etc. The arbitrator's unit may also impose sanctions in accordance with relevant national regulations; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 34: Recording personnel shall objectively record circumstances such as the trial of a case, and must not have conduct such as not objectively recording records because they favor one party, intentionally altering records, or leaking to specific parties circumstances that should be kept confidential during the course of case handling.

Where the recording personnel violate the provisions of the preceding paragraph, it is to be handled with reference to the provisions of Article 33 of these Rules.

1. The applicant does not have the subject qualification. 2. The claimant has no direct interest in the dispute applied for arbitration; The applicant is not a party to the arbitration of labor and personnel disputes; The applicant is not the legal heir or interested person of the deceased employee. 3. The content of the dispute does not fall within the scope of the labor and personnel dispute arbitration commission.

Wait a minute. 1. What is the scope of inadmissibility of labor dispute arbitration?

1) The applicant does not have the qualifications of the subject.

2) the claimant has no direct relationship with the dispute applied for arbitration; The applicant is not a party to the arbitration of labor and personnel disputes; The applicant is not the legal heir or interested person of the deceased employee.

3) The content of the dispute does not fall within the scope of the labor and personnel dispute arbitration commission.

1. The worker requests the employer to pay the housing provident fund.

2. Disputes between the employee and the employer arising from the determination of working hours, the confirmation of the age of birth, the conversion of the length of service, the recognition of special types of work, the approval of retirement, the basic pension insurance or pension benefits of retirement, etc.

3. Disputes between students in school and their units when they work and study, participate in productive internships, and their units.

4. Disputes arising from the restructuring and reform of public institutions, state-owned enterprises and collective enterprises, such as laid-off employees, economic compensation, laid-off living expenses, confirmation of labor relations, calculation of continuous working years, overall arrears of wages and social insurance contributions.

5. The worker requests the employer to make up the personnel file.

6. The employee only requests the employer to sign a written labor contract with him.

7. Other cases that do not belong to labor disputes in accordance with the provisions of laws and judicial interpretations.

4) The dispute does not fall under the jurisdiction of the BAC.

5) The application for arbitration has exceeded the statute of limitations for applying for arbitration as prescribed by law.

6) The application and related materials do not meet the requirements.

2. What should be paid attention to when applying for labor arbitration?

1. The party making the arbitration request shall submit a written application to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute. The arbitral award shall normally be rendered within 60 days of receipt of the application for arbitration. If there is no objection to the arbitral award, the parties must perform it.

2. 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.

Therefore, for labor dispute cases, arbitration is a prerequisite, and only if the arbitration is ignored, delayed, or dissatisfied with the arbitration, can the legal procedure be followed, and it should be noted that the arbitration is still time-barred, and the arbitration limitation period must not be exceeded.

According to the Law of the People's Republic of China on Mediation and Arbitration of Labor Inclusion Disputes, if a worker is dissatisfied with an 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, there is no clear time limit in the law as to whether a lawsuit must be filed within 15 days after receiving the Notice of Inadmissibility from the Labor Arbitration Commission.

Regarding the statement of the Labor and Personnel Dispute Arbitration Commission, it is wrong () aThere is no administrative subordination between the committees.

b.The committee is composed of representatives of the labor administration department, the trade union and the enterprise.

c.Municipalities may establish a number of committees.

d.The committees are set up at different levels according to administrative divisions.

Correct answer: d

2. Multiple choice questions.

Among the alternative answers to each of the following questions, there are two or more correct answers that match the intent of the question, and there is less than one wrong answer in the answer. If you choose the wrong one, you will not be scored for this question; Pick less, and score points for each option selected.

Answer: Brother Hail Case] :d

This question examines the composition of the Dispute Arbitration Committee. The Labor Dispute Arbitration Commission is composed of representatives of labor administrative departments, trade unions and enterprises, and implements the "tripartite principle" and does not have employee representatives.