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Labor arbitration process of labor bureau

1. Submit an application

When applying for arbitration, a party shall submit a written application for arbitration and submit copies according to the number of respondents.

2. Acceptance of arbitration

The Arbitration Commission shall make a decision on acceptance or rejection within five days from the date of receiving the arbitration application. If the arbitration commission decides to accept the case, it shall serve a copy of the complaint on the respondent within five days from the date of making the decision. If it decides not to accept it, it shall explain the reasons.

3. hearing

the arbitration tribunal shall notify both parties in writing of the date and place of the hearing five days before the hearing. If the applicant refuses to appear in court without justifiable reasons or withdraws from the court without the consent of the arbitration tribunal, the applicant shall take care of himself according to the withdrawal of the lawsuit, and the respondent may make an award by default.

4. Arbitration and mediation

When handling labor disputes, the arbitration tribunal shall mediate first, and urge both parties to reach an agreement voluntarily on the basis of finding out the facts. If an agreement is reached through mediation, the arbitration tribunal shall make a conciliation statement according to the contents of the agreement, which shall have legal effect from the date of service; If the mediation fails to reach an agreement, the arbitration tribunal shall make an award in time.

5. Arbitration award

The arbitration tribunal shall conclude the adjudication of labor dispute cases within 45 days from the date when the Labor Arbitration Commission accepts the arbitration application. If the case is complicated and needs to be postponed, it may be postponed upon approval and the parties concerned shall be notified in writing, and the extension period shall not exceed fifteen days.

after the arbitration tribunal makes an award, it shall prepare an arbitration letter and serve it on both parties. If a party refuses to accept the arbitration award, he may bring a suit in a people's court within 15 days from the date of receiving the award; If no prosecution is brought at the expiration of the time limit, the award will become legally effective.