PRC Law on the Mediation and Arbitration of Employment Disputes
中华人民共和国劳动争议调解仲裁法
May 08, 2008 | BY
clpstaff &clp articles &Arbitration procedures for employment disputes made easier for employees.
Promulgated: December 29 2007
Effective: May 1 2008
Applicability: The Law governs the following types of employment disputes arising between employers and workers in China:
(1) disputes arising in connection with the confirmation of employment relationships;
(2) disputes arising in connection with the conclusion, performance, amendment, termination and ending of employment contracts;
(3) disputes arising in connection with dismissals, layoffs, resignations and quitting without notice;
(4) disputes arising in connection with working hours, rest, leave, social insurance, benefits, training or labour protection; and
(5) disputes arising in connection with work remuneration, medical expenses for work-related injuries, severance pay or compensation, etc.
Main Contents: The Law details the procedures for mediation and arbitration of employment disputes. It stipulates that the time limit for applying for arbitration in an employment dispute shall be one year (Article 27). If the worker is unable to provide evidence in the control of his/her employer that relates to his/her arbitration claims, the arbitration tribunal may require the employer to provide such evidence within a specified period of time (Article 39).
clp reference:2430/07.12.29prc reference:中华人民共和国主席令 (十届第80号)promulgated:2007-12-29effective:2008-05-01This premium content is reserved for
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