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Procedures for handling labor disputes
Author:admin Time:2017-09-29

Article 79 after the labor dispute occurs, the parties may apply for mediation to the labor dispute mediation committee of the unit. If the mediation fails, the party may apply to the labor dispute arbitration committee for arbitration, and the party may apply to the labor dispute arbitration committee for arbitration. If the arbitral award is not satisfied, it may bring a lawsuit to the people's court.

Article 80 a labor dispute mediation committee may be established within the employing unit. The labor dispute mediation committee shall be composed of representatives of the staff and workers, representatives of the employing units and representatives of trade unions. The chairman of the Labour dispute mediation committee shall be held by the representative of the trade union.

If the labor dispute is reached through conciliation, the parties concerned shall fulfill it.

Article 82 the party that makes the request for arbitration shall submit a written application to the labor dispute arbitration commission within 60 days from the date of the labor dispute. The arbitration award shall generally be made within 60 days of receipt of the application. Where there is no objection to the arbitration award, the parties must perform.

Article 83 the provisions of labor dispute is not satisfied with the arbitral award, the parties can within 15 days from the date of receiving the arbitration award before a people's court, the party concerned within the statutory time limit not to Sue again not fulfill the arbitration award, the other party may apply to the people's court for compulsory execution.

Issued by the ministry of labor on the < about opinions on some issues of carrying out the labor law of the People's Republic of China > notification "(labor department is sent [1995] no. 309)" on the date of occurrence of a Labour dispute "refers to the party knows or should know that their rights are violated.

Labor department general office "to" the worker is not satisfied with the enterprise to make the administrative sanction of whether through the labor inspection way to solve the problems such as asking "reply of" work (hair [1997] no. 17) of worker of unit of choose and employ persons refuses to accept the administrative punishment decision solution problem. The employee of the labor dispute may apply for arbitration to the local labor dispute arbitration commission. If a worker applies for arbitration beyond the limitation of appeal, the arbitration commission shall not accept it, and may report to the competent department of the employer or other departments.

The time limit for workers to report labor violations. According to the law on administrative punishments stipulated in article 29, to facilitate the investigation of the Labour administrative department and take effective measures to prevent and correct violations of labor, the laborer shall generally be the unit of choose and employ persons the illegal act occurs within two years from the date of the report.