[unit] released the Supreme People's court
  [release] (2003) the symbol Interpretation No. 13
  [date] 2003-08-27
  [date] 2003-09-05
  [date] -
  [category] national laws and regulations
  [file] - source

The Supreme People's Court on the trialInstitutionProvisions on some issues of personnel dispute cases

(method 2003) release (No. 13)

(by the Supreme People's Court on June 17, 2003 the 1278th meeting of the judicial committee)


Notice of the Supreme People's Court of the people's Republic of China

"The Supreme People's Court on the trialInstitutionThe provisions of personnel dispute cases "of the Supreme People's Court on June 17, 2003 the 1278th meeting of the judicial committee, is hereby promulgated, shall enter into force as of September 5, 2003. Two hundred three years in August 27th

In order to correctly judgeInstitutionThe personnel dispute cases, according to the "The labor law of the people's Republic of China"The provisions of the relevant issues, the following provisions:

　　Article 1　InstitutionDue to the resignation, dismissal and fulfill the contract dispute between it and its staff, apply "labor law" of the people's Republic of China processing.

　　Article secondThe personnel dispute arbitration, the parties may have made to the personnel dispute arbitration institution established in accordance with the relevant provisions of the state, from the date of receipt of the arbitration award bring a suit in a people's court within fifteen days, the people's court shall accept the case according to law. One of the parties not to initiate a prosecution within the statutory time limit and fails to perform the arbitration award, the other party to the people's court for execution, the people's court shall perform.

　　Article thirdReferred to in these Regulations refers to the personnel disputeInstitutionDue to the resignation, dismissal and fulfill the contract dispute between the staff.

 

 

 

 

 

 

 

 

 

Release units] the Ministry of personnel
  [number] people release No. [1999]99
  [date] 1999-09-06
  [date] 1999-09-06
  [date] -
  [category] national laws and regulations
  [file] - source

On the issuance of "The personnel disputeThe regulations for handling and processing "
"The personnel dispute"Management measures on arbitrator

(human hair (1999) No. 99)

The provinces, autonomous regions, municipalities directly under the central government, personnel (labor) department (bureau), ministries, agencies directly under the State Council department personnel (cadre), the Xinjiang production and Construction Corps personnel bureau:
In order to do a good jobThe personnel disputeWe will work, "The personnel disputeProcessing handling rules "and"The personnel dispute"Management measures of the arbitrator issued to you, please according to the local actual situation, the Department's implementation, and the implementation of the situation and problems in time to tell us.

The Ministry of personnel
September 6, 1999
　　　　　　　　　　　　　The personnel disputeProcessing handling rules

Chapter I General Provisions

Article 1To ensure timely, fair, reasonable processingThe personnel disputeThe units and individuals, to protect the legitimate rights and interests, normsThe personnel disputeProcessing work, according to the "The personnel disputeProcessing Interim Provisions", these rules are formulated.
Article secondThis rule applies to all levels ofThe personnel disputeThe Arbitration Commission (hereinafter referred to as the Arbitration Commission) treatmentThe personnel disputeThe case.
Article thirdHandleThe personnel disputeThe case, should take the fact as the basis, take the law as the criterion, mediation, a timely ruling, the facts are clear, the legal procedure, appropriate handling, complete the procedures.

The second chapter jurisdiction

Article fourthMinistries, agencies directly under the State Council, directly affiliated institutions in Beijing and its affiliated institutionsThe personnel disputeProvinces (autonomous regions, municipalities directly under the central government, city)The personnel disputeBy the Ministry of personnel, personnel arbitration justice department.
Provinces (autonomous regions, municipalities directly under the central government)The personnel disputeThe personnel department, personnel arbitration justice department can also commissioned by the province (autonomous region, municipality directly under the central government), the arbitration committee vice provincial city.
Article fifthInstitutions directly under the ministries, the State Council, directly affiliated institutions in Beijing, directly under the unitThe personnel disputeBy in the province (autonomous regions and municipalities, the arbitration commission or by the provincial jurisdiction) (autonomous regions, municipalities directly under the central government) Arbitration Commission authorized units where the ground (city) the arbitration committee.
Article SixthProvinces (autonomous regions, municipalities directly under the central government, deputy provincial city), ground (city), county (city, district) of the Arbitration CommissionThe personnel disputeProcessing the jurisdiction, by the province (autonomous region, municipality directly under the central government) to determine.
Article seventhThe Arbitration Commission finds that a case it has accepted does not belong to the jurisdiction of the committee, should be transferred to the jurisdiction of the arbitration commission. The Arbitration Commission has jurisdiction disputes, should be settled by negotiation. Consultation fails, by the common superior government personnel departments designated jurisdiction.

The third chapter arbitration participants

Article eighthThe state administrative organs, institutions and their staff, business and management personnel and professional and technical personnelThe personnel disputeThe parties to a case. Legal person by the legal representative to participate in the arbitration, non legal person organization by its responsible person to attend the arbitration activities.
In the course of arbitration, the legal representative or principal responsible person should be replaced, the legal representative or principal responsible person of new people to participate in arbitration activities, the original legal representative or principal responsible person to attend the arbitration activities effectively.
Article ninthThe party is incompetent or limited capacity, the guardian shall participate in arbitration activities; Party's death, by the legal representative or the interested parties to participate in arbitration activities. The guardian, legal representative or the interested party is not clear or mutually making excuses, specified by the Arbitration Commission agent.
Article tenthThe parties may entrust one or two agents to participate in arbitration activities. Delegated agents, must be submitted to the Arbitration Commission has entrusted proxy signature or seal. The power of attorney shall specify the matters entrusted and permissions.
Article eleventhIf a party is in three people above, there is an arbitration application reasons, should recommend a representative to participate in arbitration activities. The number of Representatives is determined by the arbitration commission.
Article twelfthAndThe personnel disputeThe interested third person, after application and approval can participate in arbitration activities, when necessary, can also be directly informed by the Arbitration Commission to participate in arbitration activities.

The fourth chapter accepted and preparation

Article thirteenthResponsible for the office of the arbitration committeeThe personnel disputeThe admissibility of the case of daily work. Members of the arbitration committee office received the application for arbitration, deal with the following matters for preliminary examination:
(a) whether the applicant has a direct interest in the case;
(two) the application for arbitrationThe personnel disputeWhether or not within the jurisdiction of the arbitration commission;
(three) theThe personnel disputeWhether the arbitration jurisdiction;
(four) whether the application and relevant materials are complete and meet the requirements;
(five) the application for arbitration is in accordance with the statute for arbitration.
On the application materials are incomplete or unclear about the arbitration application, the applicant shall guide supplement. The above content review should be receiving the written application for arbitration within 10 days from the date of the end of the review.
Article fourteenthParties due to force majeure or other justifiable reasons for agingThe personnel disputeThe Arbitration Commission shall decide whether or not to accept, according to the situation.
Article fifteenthThe application of the review in line with the conditions of arbitration, the Arbitration Commission shall make registration offices or not filed within 5 days. Decides to place the case on file, should the applicant a written notice within 7 days from the date of making the decision, a copy of the application to the respondent, and requested the applicant to submit the written pleadings and the relevant evidence within 15 days, the respondent does not submit or not to submit a statement of Defense, the arbitration proceedings shall not be affected. Decided not to file or preliminary examination does not meet the conditions, should be within 5 days to make inadmissible notice up at the end of a decision or review date, the applicant.
Article sixteenthDecides to acceptThe personnel disputeThe case, the Arbitration Commission shall be composed of the arbitration tribunal within 7 days from the date of making the decision. The arbitration tribunal shall be composed of three or more (the total number is odd) of arbitrators, including a chief arbitrator. SimpleThe personnel disputeThe case can be composed of a sole arbitrator. The presiding arbitrator and the arbitrators of the Arbitration Commission designated or agencies authorized by the arbitration commission.
Article seventeenthThe members of the arbitration tribunal has one of the following situations should be avoided:
(a) is a party to the case or the parties, agents close relatives.
(two) there is interest in the case.
(three) with other parties, and the agent of this case, which may affect the fair ruling.
The provisions of the preceding paragraph shall apply to court clerks, judges, inspectors and translators.
The Arbitration Commission to apply for the withdrawal shall promptly make a decision, and notify the party concerned.
Article eighteenthThe members of the arbitration tribunal should carefully review the case materials, a review of the evidence, case analysis, find out the facts of the dispute.
Article nineteenthThe arbitration tribunal deems it necessary to survey, investigation and evidence collection. Investigators, shall show their credentials to the person being investigated, notify the investigated people should seek truth from facts to provide evidence.
Investigators shall make records of investigation, by the person under investigation, investigators are the signature or seal.
Article twentiethIn the face of special problems, the arbitration tribunal may conduct inquest or expert to expert advice or entrust a specialized agency.
Article twenty-firstThe Arbitration Commission may entrust each other survey. The entrusted party shall complete the investigation according to the requirements of the client time, failing shall promptly inform the entrusting party.

The fifth chapter processing and decision

Article twenty-secondHandleThe personnel disputeCases shall be mediation. The arbitration tribunal shall be based on fact finding, clarifying the responsibility to the parties reached a settlement agreement. The content of the agreement shall not violate laws and regulations.
Article twenty-thirdConciliation agreement, the arbitral tribunal shall, according to the agreement of mediation book. The conciliation statement shall specify the arbitration claim, the facts of the case and the results of the mediation. The conciliation statement signed by the members of the arbitration tribunal, stamped with the seal of the Arbitration Commission, and served on both parties. Mediation by the parties shall sign will take effect.
If the mediation fails or mediation before the party estoppel, the arbitral tribunal shall timely award.
Article twenty-fourthArbitration tribunalThe personnel disputeThe case, shall be conducted in camera. The parties agree not to hold a hearing or the arbitration tribunal that does not need or not to hold a hearing, the arbitration may be written. Written arbitration should be comprehensive, accurately grasp the basic case materials on objective, impartial.
Article twenty-fifthDecided to open a court session processing, the arbitration tribunal shall within 5 days prior to the court hearing time, place, and notify the party concerned in writing. The parties shall notify, without justifiable reasons, not to appear in court without the permission of the arbitration tribunal or withdraw from, the applicant according to withdraw the application process, the applicant according to the absent treatment.
Article twenty-sixthThe court generally according to the following procedures:
(a) the clerk announced that the parties and other participants in the tribunal, and the arbitration tribunal announced discipline.
(two) the clerk declared the presiding arbitrator, the arbitrator in court.
(three) the chief arbitrator check the parties and other participants in the identity.
(four) the chief arbitrator announced the court; announced the formation of the arbitration tribunal; announced the list of personnel, the clerk; advise the parties of their rights and obligations, asking whether the parties apply for withdrawal.
The parties to apply for withdrawal of the presiding arbitrator shall announce an adjournment. If the parties apply for withdrawal reasons can not be established, the chief arbitrator rejected in the re trial; the parties apply for withdrawal reasons, decided to withdraw, announced by the presiding arbitrator to postpone the hearing.
(five) the applicant and the respondent the respondent state.
(six) the arbitration tribunal on the need to understand the problems of the court investigation, asking the witness, cross examination of evidence.
(seven) after the end of the investigation, it shall debate.
(eight) the end of the debate, court mediation shall be. If the mediation fails, should adjournment and make a ruling.
(nine) the arbitration tribunal complex court, the presiding arbitrator announced that the arbitration award.
The arbitration tribunal shall submit to a conclusion or difficult cases Arbitration Committee decision, the presiding arbitrator shall announce the regular decision.
(ten) the presiding arbitrator shall be announced after the ruling was announced, closed court.
The sole arbitrator court handles the case shall be performed in accordance with the provisions of the preceding paragraph program.
Article twenty-seventhThe award shall be made according to the opinion of the majority of the arbitrators, the opinion of the minority arbitrators shall be recorded in the transcript. The arbitration tribunal to major or difficult cases, can be submitted to arbitration committee for discussion and decision, the decision of the Arbitration Commission, the arbitral tribunal must be implemented.
Article twenty-eighthThe clerk shall court records sessional activities. The court record shall be read out to court or the parties and other participants to read. The parties and other participants that record and correct, should sign the record; refused to sign, the clerk shall record the situation in the hearing transcripts; consider that there are omissions or errors in the record of their own statements, may apply to the arbitration tribunal for correction.
The court record finally signed by the presiding arbitrator, the arbitrator, the clerk.
Article twenty-ninthThe tribunal's ruling, the arbitration award shall be made. The award by the presiding arbitrator, the arbitrator, the clerk signature, stamped with the seal of the arbitration commission.
The court announced the verdict, shall issue a ruling within 5 days; regular announcing the award, announced the award award issued immediately after.
Article thirtiethThe arbitration award shall state:
(a) the applicant and the applicant's name, sex, age, nationality, occupation, job, work unit and home address and the name of the agent, position;
(two) cases, the arbitration claims, facts and reasons of the dispute;
(three) ruling that the facts, reasons and applicable laws, regulations and rules;
(four) the verdict.
Article thirty-firstArbitration tribunalThe personnel disputeIn general cases, should be within 60 days of the date of closing in the composition of the arbitral tribunal. The complexity of the case needs to be extended, the arbitration committee for approval, may be extended, but the extension shall not exceed 30 days.

The sixth chapter, during the service

Article thirty-secondDuring the arbitration including statutory period and the period appointed by the arbitration commission. During the start date in the period. If the last day of a period is a legal holiday, the first day after the holiday shall be regarded as the expiration date. The period does not include the time of travel. The arbitration documents mailed before the expiration of that period, not expired.
Article thirty-thirdDelivers the arbitration documents must have a receipt, and the recipient of the service shall receipt date, signature or seal. The recipient of the service on the receipt of service shall be the date of receipt date.
Article thirty-fourthThe arbitration documents shall be delivered directly to the addressee; without me, to live to an adult member of the addressee; to the Arbitration Commission to appoint an agent, replacement income receipt; the addressee is a legal person or organization, and not to the Arbitration Commission designated agent, can make the responsible the recipient sign. Mediation must be directly served.
Article thirty-fifthWhere the addressee refuses to accept the arbitration documents, delivery shall invite the representative of the relevant organization or other person witness, stated in the receipt of service, sent by the Master, witness the signature or seal of the person, the arbitration documents in the addressee's residence, the document shall be deemed to.
Article thirty-sixthIt is difficult to directly arbitration documents may be entrusted to the parties, the seat of the arbitration committee for delivery, or by registered mail. Mail delivery by registered queryReceiptThe date of receipt of service shall be the date of service.
Article thirty-seventhThe recipient of the service One's whereabouts is a mystery., or in some other way this provision cannot be served by the arbitration documents, can be served by a public notice. Since the date of the announcement, after 30 days, the document shall be deemed to.

The seventh chapter

Article thirty-eighthAfter the end of the case, be by category or chronological order all the case materials, preparation of directory, page number, filing.
Article thirty-ninthThe binding arbitration into making vice roll.
Involved include: application, the respondent, identity certificate of legal representative, a power of attorney, the evidence material, records of inspection, identification of transcripts, notes, the hearing transcripts, mediation or arbitration award, the receipt of service etc..
Vice volume include: register table, the collegiate record record, report, report, leadership and instructions, meeting notes, documents papers, closed form.
Article fortiethThe Arbitration Commission shall establish lending, the agencies strict inspection system, to ensure the integrity and security of records.

The eighth chapter supplementary provisions

Article forty-firstThis rule is in charge of personnel department.
Article forty-secondDays since the release of the rule implementation.