Ministry of Human Resources and Social Security, Provisions for Consultation and Mediation of Enterprise Labour Disputes

Promulgated: November 30 2011
Effective: January 1 2012

Main contents: An enterprise shall establish a labour and management communication and dialogue mechanism and open a channel through which workers can voice their interests (Article 6). When an employment dispute arises, either party may attempt to resolve the same through consultations by meeting, discussing, etc. with the other party (Article 8). If, after an employment dispute has arisen, the parties are not willing to hold consultations, the consultations are unsuccessful, or either party fails to perform within the agreed time period the settlement agreement, an application for mediation or arbitration may be made (Article 12).

A medium or large-sized enterprise shall establish an employment dispute mediation committee (Mediation Committee), and assign full-time or part-time working personnel thereto. The committee may, as needed, establish mediation teams in the workshops, workshop sections or work groups/teams (Article 13). A Mediation Committee shall comprise representatives of the workers and representatives of the enterprise, with their numbers determined by the parties through consultations. Each party shall have an equal number of representatives (Article 15).

Mediation of an employment dispute by a Mediation Committee shall generally not be conducted publicly, unless the parties request that it be so conducted (Article 24). If a mediation agreement is achieved through the mediation, the Mediation Committee shall prepare a written mediation agreement that includes the basic particulars of the parties, the mediation claims, the outcome of the mediation and the term and method of performing the agreement (Article 26). If the parties do not agree to mediation, the mediation is unsuccessful, or either party fails to perform the mediation agreement within the agreed upon period of time, the parties shall be informed in writing that they may apply to an employment and public personnel arbitration commission for arbitration (Article 30).