Ministry of Human Resources and Social Security, Rules for Handling Arbitration of Employment and Public Personnel Disputes
人力资源和社会保障部劳动人事争议仲裁办案规则
May 09, 2009 | BY
clpstaff &clp articles &Rules for handling arbitration of employment disputes and government personnel disputes unified.
Promulgated: January 1 2009
Effective: as of date of promulgation
Applicability: The Rules apply to arbitration of disputes such as:
(1) disputes arising from confirmation of an employment relationship; conclusion, performance, amendment, termination or ending of employment contracts; working hours; rest and holidays; social insurance; benefits; training; labour protection; labour remuneration; medical fees for work-related injuries; severance pay or compensation between an enterprise, individual economic organisation or private non-enterprise work unit and its workers, as well as between a government authority, public institution or social group and the workers with whom it establishes an employment relationship; and
(2) disputes arising from the performance of the engagement contract between a government authority that implements the Civil Servants Law and its engaged civil servants, and between a government authority that is administered with reference to the Civil Servants Law and its engaged working personnel (Article 2).
Main Contents: In case of disputes that involve 10 workers or more or employment disputes arising from the performance of collective contracts, the arbitration commission may handle such cases in priority (Article 4). Where an employer involved in an employment dispute has its business licence revoked, is ordered to close down or is closed down, or it decides on early liquidation or termination of business, and as a result is unable to assume the relevant liability, its investors, the sponsoring work unit or the department in charge shall be a joint party (Article 8). Where a dispute arises between a worker and an individual that contracts for the operation of a business, the worker shall apply to the arbitration commission for arbitration. Both the organisation that employs such contractor and the contractor shall be the parties (Article 9).
Where a party is unable to apply for arbitration within the stipulated time limit for arbitration due to reasons of force majeure, or because an agent has not yet been appointed for a worker with no or limited civil capacity or other legitimate reasons, the time limit for arbitration shall be suspended (Article 11). The new Rules also reduce the time period for closing a case from 60 days to 45 days, and the time limit for extension of a case from 30 days to 15 days (Article 44).
Related Legislation: PRC Law on the Mediation and Arbitration of Employment Disputes, Dec 29 2007, CLP 2008 No.4 p.34; PRC Civil Servants Law, Apr 27 2005; and Regulations on the Clerical Personnel of the People's Liberation Army, Jun 23 2005
Repealed Legislation: Rules for Handling Cases of Labour Dispute Arbitration Commissions, Oct 18 1993; and Rules for Handling Cases of Public Personnel Disputes, Sept 6 1999
clp reference:2400/09.01.01promulgated:2009-01-01effective:2009-01-01This premium content is reserved for
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