If the labor arbitration has taken effect and entered the enforcement stage, will the company suspen

Updated on society 2024-08-05
13 answers
  1. Anonymous users2024-02-15

    Enforcement will not be suspended unless he has a reason, such as a new reason to apply for an extension, or a bankruptcy liquidation.

  2. Anonymous users2024-02-14

    The labor arbitration has taken effect and entered the enforcement stage, and the company should suspend the enforcement and wait for the above-mentioned judgment to be executed. FYI.

  3. Anonymous users2024-02-13

    The company's lawsuit should not be a labor dispute, and it does not conflict with the labor arbitration award that came into effect before, otherwise the court will not accept it or reject the matter that has already been adjudicated after acceptance, so the enforcement should not be suspended.

  4. Anonymous users2024-02-12

    After receiving the award, the labor arbitration shall file a lawsuit with the basic court within 15 days, and if the lawsuit is not filed, the arbitration award shall take effect. I don't know if the company you are talking about is a lawsuit against this case or another case, according to this case, its time limit has expired and it should not be accepted.

  5. Anonymous users2024-02-11

    If the company files a lawsuit within the period of receipt of the valid lawsuit, the result of the labor arbitration will not have legal effect, and the judgment shall prevail. If the company files a lawsuit after the arbitration result takes effect, you can file an enforcement lawsuit based on the arbitration result.

  6. Anonymous users2024-02-10

    The company appeals again, and the court has accepted it, then the appeal period has not passed, and the company has the right to file an appeal, so you can be ready to respond to the lawsuit.

  7. Anonymous users2024-02-09

    Labor arbitration may be suspended and the court shall hear and make a judgment.

  8. Anonymous users2024-02-08

    After labor arbitration, if one party fails to perform in accordance with the arbitral award, the other party may submit a written application for enforcement within two years to apply for enforcement. The application for enforcement contains the following contents: basic information of the applicant and the person subject to enforcement; the reason for the execution; Purpose of execution; Facts and Reasons; Finally, the applicant signs and seals.

    Article 51 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China The parties shall perform the legally effective mediation documents and awards in accordance with the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for enforcement in accordance with the relevant provisions of the Civil Procedure Law. The people's court accepting the application shall enforce it in accordance with law.

    Article 239 of the Civil Procedure Law of the People's Republic of China The period for applying for enforcement is two years. Where an application is made for the suspension or interruption of the statute of limitations, the provisions on the suspension or interruption of the statute of limitations shall be applied in accordance with the law. The period provided for in the preceding paragraph is calculated from the last day of the period for performance as specified in the legal documents; Where legal documents provide for performance in installments, it is calculated from the last day of each performance period; Where the legal document does not provide for a period of performance, it is calculated from the date on which the legal document takes effect.

  9. Anonymous users2024-02-07

    The labor arbitration unit may enforce it after appeal. If the employer is dissatisfied with the arbitral award, it can only apply to the Intermediate People's Court for revocation of the arbitral award, which does not affect the validity of the arbitral award, and the employee may apply for compulsory enforcement. Only when the employee files a lawsuit with the court will the labor arbitration award not have the effect of round eggplant.

    Can the appeal of the labor arbitration unit still be enforced?The labor arbitration unit may enforce it after appeal. If the employer is dissatisfied with the arbitral award, it can only apply to the Intermediate People's Court for revocation of the arbitral award, which does not affect the validity of the arbitral award, and the employee may apply for compulsory enforcement. A labor arbitration award will not be effective only if the employee files a lawsuit with the court.

    Is the legal basis for the appeal of the labor arbitration unit still enforceable?

    Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases.

    After the labor dispute arbitration commission makes an arbitral award, if the parties are dissatisfied with some of the matters in the award and file a lawsuit with the People's Court in accordance with the law, the labor dispute arbitration award shall not take legal effect.

    Article 18. If some of the workers are dissatisfied with the arbitration award and file a lawsuit with the people's court in accordance with the law after the labor dispute arbitration commission has made an arbitral award on the labor dispute of multiple employees, the arbitral award shall not have legal effect on the employee who filed the lawsuit; If a legal effect arises for some workers who have not filed a lawsuit, the people's court shall accept the application for enforcement.

  10. Anonymous users2024-02-06

    No. After winning the labor arbitration, as long as the other party has not filed a lawsuit, the award has taken effect, and if the other party refuses to perform the award obligation, you can apply to the people's court for compulsory enforcement. However, if the other party has already filed an appeal, it is not possible to apply for enforcement.

    In accordance with the legal procedures, the court uses the coercive power of the state to compel the civil obligor to complete the obligations it undertakes in accordance with the provisions of the enforcement document, so as to ensure that the rights of the right holder can be realized. Enforcement documents include legally effective civil judgments, rulings, and other legal documents that should be enforced by the court in accordance with the law.

    Article 5 of the Law of the People's Republic of China on Quiet Mediation and Arbitration of Labor Disputes In the event of a dispute between labor and slag, the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

  11. Anonymous users2024-02-05

    If the parties did not apply to the Intermediate People's Court to revoke the award or file a lawsuit with the court, it will take effect after 30 days, and they may apply to the court for compulsory enforcement after the expiration of the performance period of the award.

  12. Anonymous users2024-02-04

    The third day you receive the arbitral award, because it is clear that the award has already taken effect.

  13. Anonymous users2024-02-03

    Legal analysis: Yes, disputes involving labor remuneration can be applied for arbitration.

    Legal basis: Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

    1) Disputes arising from the confirmation of labor relations;

    2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

    3) Disputes arising from removal, dismissal, or resignation;

    4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and deferred labor protection;

    5) Disputes arising from labor remuneration, work-related injury medical expenses, economic compensation or compensation, etc.;

    6) Other labor disputes as stipulated by laws and regulations.

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