Labor Dispute Mediation and Arbitration Law of the People's Republic of China

Labor Dispute Mediation and Arbitration Law of the People's Republic of China Order of the President of the People's Republic of China (No. 80) The Labor Dispute Mediation and Arbitration Law of the People's Republic of China, which was adopted at the 31st meeting of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on December 29, 2007, is hereby promulgated and shall be effective as of May 1, 2008. President of the People's Republic of China: Hu Jintao December 29, 2007 The Labor Dispute Mediation and Arbitration Law of the People's Republic of China (Adopted at the 31st meeting of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on December 29, 2007) Table of Contents Chapter I General Provisions Chapter II Mediation Chapter III Arbitration Section I Common Provisions Section II Application and Acceptance Section III Tribunal Hearing and Awarding Chapter IV Supplementary Provisions Chapter I General Provisions Article 1 To impartially and timely settle the labor disputes, protect the legal rights and interests of the parties, and promote the harmonious and stable labor relations, this Law has been formulated. Article 2 This Law shall apply to the following labor disputes arising between an employer and an employee within the territories of the People's Republic of China: (1). A dispute arising from the confirmation of a labor relationship; (2). A dispute arising from the conclusion, performance, modification, rescission or termination of a labor contract; (3). A dispute arising from the removal or layoff of an employee or the resignation or retirement of an employee; (4). A dispute arising from the work hours, breaks, vacations, social insurance, benefits, training, or labor safety; (5). A dispute arising from the labor remunerations, medical expenses for a work-related injury, economic indemnity, compensation, etc.; or (6). Any other labor dispute as provided for by a law or administrative regulation. Article 3 A labor dispute shall be settled on the basis of facts and on the principles of legality, fairness, timeliness and emphasis on mediation so as to protect the legal rights and interests of the parties according to law. Article 4 Where a labor dispute arises, an employee may consult with his or her employer, or request the trade union or a third party to jointly consult with the employer, so as to reach a settlement agreement. Article 5 Where a labor dispute arises, if a party does not desire a consultation, the parties fail to settle the dispute through consultation, or a party does not execute a reached settlement agreement, any party may apply to a medication organization for mediation; if a party does not desire a medication, the parties fail to settle the dispute through medication, or a party does not execute a reached medication agreement, any party may apply to a labor dispute arbitration commission for arbitration; and a party disagreeing to an arbitral award may bring an action in the people's court except as otherwise provided for by this Law. Article 6 Where a labor dispute arises, a party shall be responsible for adducing evidence to back up its claims. Where the evidence related to the disputed matter is controlled by an employer, the employer shall provide it; and the employer who fails to provide the evidence shall bear the adverse consequences. Article 7 Where a labor dispute involves more than ten employees and the employees have a same claim, they may recommend their representatives to participate in the mediation, arbitration, or litigation. Article 8 In conjunction with the trade unions and enterprise representatives, the labor administrative authority of the people's government at or above the county level shall establish a tri-party labor mechanism for coordinating the labor relations, and jointly study and address major issues related to labor dispute. Article 9 Where an employer, in violation of state provisions, delays paying or fails to pay in full the labor remunerations, or delays paying the medical expenses for a work-related injury, economic indemnity, or compensation, an employee may complain about it to the labor administrative authority and the labor administrative authority shall deal with it according to law. Chapter II Mediation Article 10 Where a labor dispute arises, a party may apply to any of the following mediation organizations for mediation: (1). Labor dispute mediation committee of an enterprise; (2). Grassroots people's mediation organization legally established; and (3). Organization with the labor dispute mediation function established in a township or neighborhood community. A labor dispute mediation committee of an enterprise shall comprise the employee representatives and enterprise representatives. The employee representatives shall be members of the trade union or persons recommended by all employees, while the enterprise representatives shall be designated by the person in charge of the enterprise. The chairman of a labor dispute mediation committee of an enterprise shall be a member of the trade union or a person recommended by both parties. Article 11 A mediator of a labor dispute mediation organization shall be an adult citizen who is fair, decent, connected with the people, and enthusiastic for the mediation work and has a certain level of knowledge of law, policy and culture. Article 12 A party may apply for a labor dispute mediation in writing or verbally. For a verbal application, a mediation organization shall record, on the spot, the basic information on the applicant, disputed matters for which the party applies for mediation, the reasons for application for mediation, and the time of application for mediation. Article 13 In labor dispute mediation, the statements of facts and reasons by both parties shall be fully heard and the parties shall be guided patiently by a mediator so as to help them reach an agreement. Article 14 Where an agreement is reached through mediation, a mediation agreement paper shall be made. A mediation agreement paper shall be signed or sealed by both parties, and take effect after the mediator signs it and the seal of the mediation organization is affixed thereon, which shall be binding upon both parties and executed by the parties. Where a mediation agreement is not reached within 15 days after a labor dispute mediation organization receives a mediation application, a party may apply for arbitration according to law. Article 15 Where after a mediation agreement is reached, one party fails to execute the mediation agreement within the period of time prescribed in the agreement, the other party may apply for arbitration according to law. Article 16 Where a mediation agreement is reached on a matter of delayed payment of labor remunerations, medical expenses for a work-related injury, economic indemnity, or compensation, and the employer fails to execute it within the period of time prescribed in the agreement, the employee may apply to the people's court for a payment order based on the mediation agreement and the people's court shall issue a payment order according to law. Chapter III Arbitration Section I Common Provisions Article 17 The labor dispute arbitration commissions shall be established on the principles of full planning, reasonable layout, and adaptation to the practical needs. The people's government of a province or autonomous region may decide to establish the arbitration commissions in cities and counties; the people's government of municipality directly under the Central Government may decide to establish them in districts and counties. One or more labor dispute arbitration commissions may also be established in a municipality directly under the Central Gove......