Suzhou lawyer Zhou Zhongsheng seven answers to the "labor dispute mediation and Arbitration Law > >:

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1, the employing units and laborers on the labor dispute can reach an agreement?

Answer: Yes

Article fourth labor dispute occurs, the worker in consultation with the employing unit, also can ask the trade union or the third party to consult with the employer, to reach a settlement agreement.

Article fifth labor dispute occurs, the parties refuse consultation, negotiation fails or reached a settlement agreement fails to apply for mediation, the mediation organization; unwilling to mediation, mediation fails or after a mediation agreement is not performed, may apply to the labour dispute arbitration committee for arbitration; refuses to accept the arbitration award, except as otherwise provided in this law outside, may bring a lawsuit to a people's court

2, labor disputes in the process of Is it right? Strictly adhere to the "who advocate who burden"?

Answer: not

Article sixth labor dispute occurs, the parties to submit their ideas, have the responsibility to provide evidence. The evidence relevant to the dispute matters is controlled by an employer, the employer shall provide; the employer does not offer, it shall bear the adverse consequences.

Article thirty-ninth the evidence provided by the parties is verified, the arbitration tribunal shall be identified as the basis for truth.

Workers cannot provide evidence related to the management request and the arbitration by the employer, the arbitration tribunal may require the employer to provide within a specified time limit. The employer does not offer within the specified period of time, it shall bear the adverse consequences.

3, the labor dispatch unit or employer and employee labor dispute occurs, the staff should be listed for the defendant who?

Answer: the employees should make dispatching units and the units together as a defendant

Article twenty-second labor dispute between workers and employers for labor dispute arbitration both parties to a case.

The labor dispatching unit and a laborer labor disputes happen, dispatching units and the units for the common person.

4, labor dispute processing time is how long?

Answer: the principle is one year, except in exceptional circumstances

The period of limitation of twenty-seventh labor dispute arbitration for one year. Arbitration time period from the party knows or ought to know the rights have been violated from the date.

The limitation of the provisions of the preceding paragraph, where a direction opposite party claims rights, or to the relevant departments request right relief, or the consent of the other party to fulfill the obligations and interrupt. From the time of the interruption, limitation of arbitration during the re calculation.

Due to force majeure or other legitimate reasons, the parties can not be in the first paragraph of this article limitation of arbitration for arbitration, the arbitration shall be suspended. The grounds for the suspension are eliminated from the date of the limitation period, continue to calculate.

During the existence of the labor relations in dispute of labor remuneration, the employee applies for arbitration is not affected by the time during the arbitration, the provisions of the first paragraph of restrictions; however, the termination of labor relations, shall be made within one year from the date of termination of labor relations.

5, labor dispute to arbitration, but the labor dispute arbitration commission of not accepting the how to do?

Answer: then you can direct labor dispute to the court. Article twenty-ninth labor dispute arbitration committee within five days as of receiving an application for arbitration, it meets the conditions for acceptance, it shall accept, and notify the applicant; it does not meet the conditions for acceptance, it shall notify the applicant in writing is inadmissible, and the reasons. The labor dispute arbitration commission shall not accept the application or fails to make a decision, the applicant may matters on the labor dispute to the people's court.

6, how long is the labor dispute arbitration time?

Answer: the principle of no more than 45 days, approved by the chairman of the Arbitration Commission may be extended for 15 days

Article forty-third arbitration tribunal ruling labor dispute cases, the labor dispute arbitration commission shall be from the date of accepting an application for arbitration within forty-five days after the end of. The complexity of the case needs to be extended, with the approval of the chairman of the labor dispute arbitration commission may be postponed, and notify the party concerned in writing, but the extension shall not exceed fifteen days. If it fails to make an arbitration award, the parties may matters on the labor dispute to the people's court.

The arbitration tribunal ruling labor dispute cases, one part of facts has been made clear, can be part of an award.

7, Is it right? Refuses to accept all of the arbitral award may bring a suit to the court?

Answer: not. Forty-seventh the following labor dispute, except as otherwise provided in this act, the arbitral award for the final award, the arbitral award takes legal effect:

(a) recourse labor remuneration, work-related injury medical expenses, economic compensation or damages, no more than the local minimum wage standard twelve months amount of controversy;

(two) for implementing the national labor standards in working hours, rest and vacation, social insurance and other aspects of the dispute.