Ministry of Human Resources and Social Security, Rules for Handling Arbitration of Labor 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

August 31, 2017 | BY

Susan Mok &clp articles &

Labor dispute arbitration procedures streamlined.

Clp Reference: 2430/17.05.08 Promulgated: 2017-05-08 Effective: 2017-07-01

Promulgated: May 8 2017

Effective: July 1 2017

Main contents: When an arbitration tribunal is deciding a case and the applicant is seeking labor remuneration, medical treatment expenses on a work-related injury, economic compensation or compensation in accordance with Item (1) of Article 47 of the PRC Law on the Mediation and Arbitration of Employment Disputes, if the arbitration award involves more than one matter, a final award shall apply to an award of a single matter the amount of which does not exceed the equivalent of 12 months of the local monthly minimum wage.

The economic compensation in the preceding paragraph includes the economic compensation paid during a non-compete term and severance pay when an employment contract is terminated or ends specified in the PRC Employment Contract Law, and compensation includes the duplicate wage payment when a written employment contract has not been executed, the compensation for specifying an illegal probation period and the compensation for illegally terminating or ending an employment contract specified in the PRC Employment Contract Law.

Pursuant to Item (2) of Article 47 of the PRC Law on the Mediation and Arbitration of Employment Disputes, if a dispute occurs in connection with the implementation of the state's labor standards for working hours, rest, leave, social insurance, etc., a final award shall apply (Article 50).

A dispute case may be handled by the simplified method if:

(1) the facts are clear, the relationship of rights and obligations is explicit and the dispute is minor;

(2) the subject amount does not exceed the average annual wage of an employee in the province, autonomous region or municipality directly under the central government in question for the previous year; or

(3) the parties agree to handling by the simplified method (Article 56).

The procedure for handling collective labor and public personnel disputes shall apply when a dispute where the labor side involves at least 10 persons who have common claims is being handled or where the labor dispute arises in connection with the performance of a collective contract (Article 62).

When hearing a dispute, the arbitration tribunal shall carry out mediation. When necessary, a relevant entity, organization or individual may be asked to participate in the mediation (Article 71).

Related legislation: PRC Employment Contract Law (Revised) and PRC Law on the Mediation and Arbitration of Employment Disputes

Repealed legislation: Rules for Handling Arbitration of Employment and Public Personnel Disputes, Jan 1 2009

clp reference:2430/17.05.08 promulgated:2017-05-08 effective:2017-07-01

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