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15 July 2015

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Arbitration of Labor Disputes

Arbitration of Labor Disputes

Guidance Unit:Labor Dispute Arbitration Commission

(in the Department of Labor and Social Security of Hunan Province)

Item 

Arbitration of labor disputes 

Sub-category 

Service Item  

Legal Basis 

1. Labor Law of the People’s Republic of China
2. Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes
3. Regulations of the People's Republic of China on Settlement of Labor Disputes in Enterprises (No. 117 Decree of the State Council)
4. Measures for the Implementation of the Regulations of the People's Republic of China on Settlement of Labor Disputes in Enterprises in Hunan (No. 73 Decree of Hunan Provincial People’s Government)
 

Authority Concerned  

Labor Dispute Arbitration Commission (in the Department of Labor and Social Security of Hunan Province ) 

Responsible Institution 

Labor Dispute Arbitration Commission (in the Department of Labor and Social Security of Hunan Province ) 

Qualifications 

(1) The case directly affects the interest of the applicant;
(2) The dispute applied for arbitration belongs to labor dispute;
(3) The labor dispute applied for arbitration is within the acceptance content of the Arbitration Commission;
(4) The labor dispute applied for arbitration is within the administration scope of the Arbitration Commission;
(5) The arbitration application and related materials are all ready and comply with the requirements;
(6) The time of application shall be within the time limitation period of arbitration application.
 

Materials Required

1. Application letter for labor dispute arbitration and the duplicates corresponding to the number of applicants.
2. Evidence, including reserved copies (duplicates) of all evidences concerned and a list of these evidences; both the original of evidences and the list and the duplicates corresponding to the number of applicants shall be submitted.
3. Other necessary materials.

For the case of the employee applying for arbitration against the employing unit:
(1) the copy of the applicant’s ID card;
(2) if an attorney is appointed to participate in the arbitration, the original of the ID cards of the applicant and the attorney and a "Power of Attorney” shall be submitted; if the employee has received legal aid, certificate documents about the legal aid provided by related department shall be submitted;
(3) if the applicant is an enterprise, the original of “Registration Information of Enterprise” shall be submitted;
(4) if the applicant is a public institution, the original copy of “Registration Information” shall be submitted;
(5) if the applicant belongs to other kind of unit, the original of “Registration Information” (including name of the unit, address, name and position of the person in charge, phone number, etc.) provided by the administrative organization shall be submitted. 

For the case of the employing unit applying for arbitration against the employee:
(1) the duplicate of “Business License”;
(2) the identity certificate of the legal representative (the person in charge);
(3) the "Power of Attorney”;
(4) the copy of the ID card of the employee.
 

Procedures 

 

Ⅰ. Accepting the application materials

1. Person in charge: the staff of the Office of Arbitraction Commission.

Tel: 0731-84900057 84900051

Website:

2. Responsibilities and authorities:

(1) To checkup whether the application materials are complete, whether they comply with statutory form, whether they are within the acceptance scope of labor disputes arbitration, whether or not there is a clear request and factual reasons for the arbitration, and whether the application is within the statutory limitation period of arbitration application and within the administrative scope of the Arbitration Commission;

(2) To inform the applicant of all the materials that shall be supplemented or corrected on the spot or within five days if the application for arbitration or related materials is non-standard or incomplete;

(3) To accept oral application and make record if there are difficulties in making written application for the applicant, and inform the other party concerned;

(4) To issue a return receipt if the written application materials for arbitration are complete;

(5) To fill in the "Form of Examination and Acceptance" and put forward preliminary opinions, and report to the head of Office of Arbitration Commission for approval.

3. Service deadline: immediately

 

Ⅱ. Examination and filing a case

1. Person in charge: the staff of the Arbitration Commission;

2. Responsibilities and authorities:

To inspect the application materials and determine whether or not to accept the case in accordance with relevant regulation and standards.

(1) For the qualified case, accept it and inform the applicant;

(2) For the unqualified case, inform the applicant in writing and give reasons;

(3) For the case that Arbitration Commission for Labor Disputes refuses to accept or makes decision exceed the service deadline, the applicant can lodge a lawsuit in the people’s court against this labor dispute.

(4) After accepting the arbitration application, the Arbitration Commission for Labor Disputes should send the duplicate of arbitration application to the respondent within five days;

(5) To set up the arbitration court and inform the applicant and respondent respectively in written form within five days since the day of acceptance.

3. Service deadline: 5 working days

 

Ⅲ. Opening a court session

1. Person in charge: Arbitrator, court clerk

2. Responsibilities and authorities:

(1) To inform both parties concerned of the court day and address in written form five days before the court.

(2) If the applicant refuses to appear before the court without legitimate reasons after receiving the written notice, or retreats during court session without permission, it can be treated as withdrawal of the arbitration application; if the respondent refuses to attend court without legitimate reasons or retreats during court session without permission, arbitrament can still be made.

(3) In court, the arbitrator should hear the applicant's statement and the respondent's reply, preside over the court investigation, cross-examination and debate, consult both parties on their final opinions and carry out mediation;

(4) For special issue that need identification, the arbitration court can deliver it to the accrediting institution agreed by both parties; if the parties concerned have not make an agreement or cannot reach an agreement, the accrediting institution designated by the arbitration court will undertake the identification work.

(5) The arbitration court should make records of the court session, which should be signed or affixed a seal by the arbitrator, recorder, both parties concerned and other participants in the arbitration.

(6) The arbitration court should put forward disposal considerations on the case, fill in the "Approval Form on Closing a Case" and submit it to the Arbitration Commission for examination and approval.

 

Ⅳ. Closing a case

1. Person in charge: the staff of the Arbitration Commission.

2. Responsibilities and authorities: (1) To examine and approve the treatment suggestions on the case made by the arbitration court;

(2) To make instruments of arbitration in accordance with the examination and approval conclusion of the principal of the Arbitration Commission, and send them to both parties.

(3) To archive the materials concerning the case as required.

Processing Time 

Service deadline: 45 working days since the arbitration application is received. For the complicated cases that need more time, another 15 days (not more than 15 days) may be permitted. 

Charge 

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Charging Basis 

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Form Download 

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Supervisory Unit 

The Complaint Center on administrative effectiveness of Hunan Provincial People's Government (Tel: 12342) 

Consultation Unit 

http://www.hn12333.com  

Accountability 

In Accordance with Chapter Nine of Provisions on the Administrative Procedures of Hunan Province 

Office Timing/Address 

8: 00 - 12: 00 am, 14:30 - 17: 00 pm of Monday- Friday (except the official holidays)
No. 18, Qingyuan Road of Tianxin District, Changsha, Hunan
 

Bus Route 

Take buses No. 105, or 140, or 701 to the bus stop of Mulianchong Crossing and get off, then go west along Mulianchong Road for about 100 meters. 

Online Presenting 

Under Construction  

Online Inquiry 

http://www.hn12333.com