According to the rules for arbitration of working people s disputes

1. What are the rules for handling labor dispute arbitration?

1. The rules for handling labor dispute arbitration cases are that the arbitration commission may give priority to the filing and hearing of disputes involving more than 10 employees on one side of the labor force, or labor disputes arising from the performance of a collective contract. The arbitration commission shall form an arbitration tribunal in accordance with the tripartite principle to handle labor disputes arising from the performance of collective contracts. If a labor dispute arises early due to the performance of a collective contract and cannot be resolved through negotiation, the trade union may apply for arbitration in accordance with the law; Where a trade union has not yet been established, the representative elected by the labor union at the higher level shall apply for arbitration in accordance with law.

2. Legal basis: Article 2 of the Rules for the Handling of Labor and Personnel Dispute Arbitration.

These Rules shall apply to the arbitration of the following disputes:

1) Disputes arising from the confirmation of labor relations, the conclusion, performance, modification, dissolution and termination of labor contracts, working hours, rest and vacation, social insurance, welfare, training and labor protection, labor remuneration, medical expenses for work-related injuries, economic compensation or compensation between government agencies, public institutions and social organizations and workers who have established labor relations with them;

2) Disputes arising from the performance of employment contracts between organs implementing the Civil Servants Law and civil servants under the appointment system, or between organs (units) managed with reference to the Civil Servants Law and hired staff;

3) Disputes arising from the termination of personnel relations and the performance of employment contracts between public institutions and their staff members;

4) Disputes arising from the termination of personnel relations and the performance of employment contracts between social organizations and their staff members;

5) Disputes arising from the performance of employment contracts between the employing units of civilian personnel of the armed forces and the civilian personnel under the employment system;

6) Other disputes that are to be handled by the Labor and Personnel Dispute Arbitration Commission (hereinafter referred to as the Arbitration Commission) as stipulated by laws and regulations.

2. What is the process of labor arbitration?

The process of labor arbitration is as follows:

1. To apply, the parties may apply to the Labor Dispute Arbitration Commission for arbitration within one year from the date on which their rights are infringed;

2. Acceptance: Within five days from the date of receipt of the arbitration application, if the labor dispute arbitration commission finds that it meets the conditions for acceptance, it shall accept it;

3. **, the arbitral tribunal investigates the facts, the parties present evidence and cross-examine evidence, debate, and state the final opinions;

4. For mediation, the arbitral tribunal shall mediate before making an award;

5. If the award fails or one of the parties repents before the mediation is served, the arbitral tribunal will make an award in a timely manner.

Legal Analysis: The Rules for the Arbitration of Labor and Personnel Disputes are formulated in accordance with the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, the Law of the People's Republic of China on Civil Servants, the Regulations on the Personnel Management of Public Institutions, the Regulations on Civilian Personnel of the Chinese People's Liberation Army of the People's Republic of China, and the relevant laws, regulations, and relevant provisions of the State Council of the People's Liberation Army. It was deliberated and approved by the 123rd ministerial meeting of the Ministry of Human Resources and Social Security on April 24, 2017, promulgated by the Ministry of Human Resources and Social Security on May 8, 2017, and came into force on July 1, 2017.

For specific provisions, please refer to the Act.

Legal basis: Rules for the Handling of Labor and Personnel Dispute Arbitration Article 3 The arbitration commission shall follow the principles of legality and fairness in handling dispute cases, mediate first, and adjudicate in a timely manner.

Summary. Hello! Handling process of labor dispute arbitration cases:

Submit a written application for arbitration to the BAC and submit relevant application materials; The arbitration committee will then decide whether to accept the case; If it is decided to accept it, the trial will be conducted in a timely manner, and all parties will make statements and defenses; Finally, the arbitral tribunal shall mediate or make an award in a timely manner. If it is inadmissible, a written decision will be made.

Hello! The process of handling labor dispute arbitration cases: first submit a written application for arbitration to the arbitration commission and submit relevant application materials; Then the arbitration committee will decide whether to accept the case; If it is decided to accept it, the trial will be conducted in a timely manner, and all parties will make statements and defenses; Finally, the tribunal will mediate or make a ruling in a timely manner.

If it is inadmissible, a written decision will be made.

Article 42 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes shall be mediated 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 imitator of the arbitration hall, 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 is served, the arbitral tribunal shall make an award in a timely manner.