How to Apply for Arbitration in a Labor Dispute?

It's very simple. You just need to submit an arbitration application to the Labor and Personnel Dispute Arbitration Commission located either where the labor contract is performed or where the employer is registered. Currently, online applications for arbitration are available in some regions.

Labor disputes applicable for mediation and arbitration mainly include: Disputes arising from the confirmation of a labor relationship;

Disputes arising from the conclusion, performance, alteration, dissolution, and termination of a labor contract;

Disputes arising from removal, dismissal, resignation, or leaving a job;

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

Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation, or damages;

Other labor disputes prescribed by laws and regulations.

Application Requirements Applicants applying for arbitration must submit a written arbitration application along with copies equal to the number of respondents.

The arbitration application must state the following details:

Worker's Information: Name, gender, date of birth, ID number, residential address, mailing address, and contact number. Employer's Information: Name, address, mailing address, contact number, and the name and title of its legal representative or primary person in charge;

The arbitration request and the facts and reasons on which it is based;

The evidence, the source of the evidence, and the names and addresses of witnesses.

Is there a fee to apply for arbitration? Please note! Applying for labor arbitration is completely free of charge; no fees are collected.

How long does it take from the acceptance of a labor arbitration case to the issuance of the arbitral award? Article 43 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration stipulates: The arbitration tribunal shall conclude a labor dispute case within 45 days from the date the Labor Dispute Arbitration Commission accepts the arbitration application. If an extension is necessary due to the complexity of the case, it may be extended upon the approval of the director of the Labor Dispute Arbitration Commission, and the parties shall be notified in writing. However, the extension period shall not exceed 15 days.

Article 46 of the Rules for Handling Labor and Personnel Dispute Arbitration Cases stipulates: Under any of the following circumstances, the arbitration time limit shall be calculated according to the following provisions:

If the arbitration tribunal adds parties or third parties, the arbitration time limit shall be recalculated from the date the addition is decided;

If the applicant needs to correct or supplement materials, the time the Arbitration Commission receives the application shall be recalculated from the date the materials are corrected or supplemented;

If the arbitration request is increased or changed, the arbitration time limit shall be recalculated from the date the increased or changed request is accepted;

If the arbitration application and a counterclaim are processed together, the arbitration time limit shall be recalculated from the date the counterclaim is accepted;

If the jurisdiction of a case is transferred, the arbitration time limit shall be recalculated from the date the transfer is accepted;

The period during which a trial is suspended or the period for service by public notice shall not be counted in the arbitration time limit;

Other circumstances where laws and regulations stipulate that the time limit should be calculated separately.

Article 47 of the Rules for Handling Labor and Personnel Dispute Arbitration Cases stipulates: Under any of the following circumstances, subject to the approval of the director of the Arbitration Commission or the responsible person of the arbitration institute entrusted by them, the trial of the case may be suspended, and the parties shall be notified in writing:

A worker party dies, and it is necessary to wait for the heirs to indicate whether they will participate in the arbitration;

A worker party loses the capacity for civil conduct, and a legal representative to participate in the arbitration has not yet been determined;

The employer is terminated, and the successor of rights and obligations has not yet been determined;

A party is unable to participate in the arbitration due to force majeure;

The trial of the case needs to be based on the trial results of another case, and that other case has not yet been concluded;

The handling of the case requires waiting for conclusions on the identification of work-related injuries, assessment of disability grades, or other appraisals;

Other circumstances under which the arbitration trial should be suspended.

Note: Once the circumstances for suspending the trial are eliminated, the arbitration tribunal shall resume the trial.