Chongqing Labor Dispute Mediation and Arbitration Measures 1. General Principles Article 1 In order to resolve labor disputes legally, fairly and timely, protect the legitimate rights and interests of the parties, and promote harmonious and stable labor relations, in accordance with the "People's Political Consultative Conference of the People's Republic of China" These Measures are formulated in accordance with the National Labor Dispute Mediation and Arbitration Law and in light of the actual conditions of this city. Article 2 These Measures shall apply to the following labor disputes between employers and workers within the administrative region of this city: (1) Disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, cancellation and termination of labor contracts (3) Disputes arising from removal, dismissal, resignation, and resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor remuneration, work-related injuries Disputes arising from medical expenses, economic compensation or compensation, etc.; (6) Other labor disputes stipulated by laws and regulations. Article 3 These Measures do not apply to the following disputes: (1) Disputes involving workers’ requests for social insurance agencies to pay social insurance funds; (2) Transfers of public housing and housing provident funds between workers and employers due to the reform of the housing system. Disputes over payment; (3) Disputes between workers regarding the disability grade appraisal conclusion of the Labor Ability Appraisal Committee or the occupational disease diagnosis appraisal conclusion of the Occupational Disease Diagnosis and Appraisal Committee; (4) Disputes between families or individuals and domestic service personnel; (4) Disputes between families or individuals and domestic service personnel; 5) Disputes between the employer and the persons recruited who have reached the statutory retirement age; (6) Disputes between school students and the employer; (7) Disputes between individual craftsmen and helpers and apprentices; (8) Rural land Disputes between household contractors and employees; (9) Disputes arising from laborers over the resettlement compensation fees paid by former state-owned and collective enterprises according to the resettlement plan during the restructuring process; (10) Disputes over the resettlement of urban veterans. Article 4 Labor disputes shall be resolved based on facts, following the principles of legality, fairness, timeliness, and emphasis on mediation, and shall protect the legitimate rights and interests of the parties in accordance with the law. Article 5 When a labor dispute occurs, workers can negotiate with the employer, or they can ask the trade union or a third party to negotiate with the employer and reach a settlement agreement. If the parties are unwilling to negotiate, fail to reach a settlement agreement, or fail to perform the settlement agreement after reaching it, they may apply to a mediation organization for mediation; if they are unwilling to mediate, fail to reach mediation, or fail to perform the mediation agreement after reaching a mediation agreement, they may apply to the Labor Dispute Arbitration Commission for arbitration; those who are dissatisfied with the arbitration award , unless otherwise provided by law, a lawsuit may be filed in the People's Court. 2. Mediation Section 1 Labor Dispute Mediation Organization Mediation Article 6 When a labor dispute occurs, the parties may apply for mediation at the following mediation organizations: (1) Enterprise Labor Dispute Mediation Committee; (2) Grassroots people's mediation organizations established in accordance with the law; (3) Organizations established in towns and streets with the function of labor dispute mediation. Article 7 Labor dispute mediation organizations shall perform the following duties: (1) Establish and improve the labor dispute mediation system; (2) Accept mediation applications from parties to labor disputes and organize mediation work in a timely manner; (3) Guide both parties to conscientiously perform the mediation agreement; (4) Cooperate with relevant departments to publicize labor security laws, regulations, rules and policies to workers and employers. For labor disputes that cannot be mediated, the labor dispute mediation organization shall inform the applicant of the right to complain to the human resources and social security administrative department or directly apply for labor dispute arbitration, depending on the circumstances. If a mediation agreement is reached regarding the payment of arrears of labor remuneration, medical expenses for work-related injuries, economic compensation or damages, the workers shall be informed of their right to apply for a payment order from the People's Court. Article 8 The enterprise labor dispute mediation committee is composed of employee representatives and enterprise representatives. Employee representatives are appointed by trade union members or elected by all employees, while enterprise representatives are designated by the person in charge of the enterprise. The director of the enterprise's labor dispute mediation committee shall be a member of the labor union or a person recommended by both parties. Employers with branches may also set up mediation committee dispatched offices in their branches. The enterprise labor dispute mediation committee accepts the guidance of the federation of trade unions (or industry unions) and labor dispute arbitration committees of the district and county (autonomous county) where the employer is located. Article 9 The people's governments of districts and counties (autonomous counties) may, based on actual conditions, establish organizations with labor dispute mediation functions in towns and streets where enterprises are relatively concentrated. The working funds of labor dispute mediation organizations and the work subsidies of mediators shall be appropriately arranged by the district and county (autonomous county) people's governments with reference to the working funds of people's mediation organizations and the work subsidies of mediators. Article 10 The mediators of a mediation organization shall be adult citizens who are fair and upright, have contact with the masses, are enthusiastic about mediation work, and have certain legal knowledge, policy level and cultural level. When mediating labor disputes, the mediator shall fully listen to the statements of facts by the parties, preside over the mediation work in accordance with the law, objectively and impartially, and through persuasion, guidance and other methods, encourage the parties to the labor dispute to negotiate on an equal footing, mutual understanding and accommodation, eliminate disputes, and voluntarily reach an agreement. A mediator selection and appointment system shall be implemented, and the mediation organization shall establish and publish a roster of mediators. Article 11 The mediation organization shall accept the mediation of labor disputes based on the application of the parties. The parties may apply in writing or orally to the mediation organization for labor dispute mediation.
If the application is made verbally, the mediation organization shall record on the spot the basic information of the applicant, the disputed matters applying for mediation, the reasons and the time. If the parties have not applied, they can also take the initiative to mediate, except where the parties express objections. Article 12 The parties may negotiate to select a mediator from the list of mediators of the mediation organization to preside over the mediation work; if the negotiation fails, the person in charge of the mediation organization shall designate one or more odd-numbered mediators to preside over the mediation work. Section 2 Mediation by the Labor Dispute Arbitration Committee Article 13 For simple labor dispute cases with clear facts and clear rights and obligations that have not yet been accepted, the Labor Dispute Arbitration Committee may first mediate with the consent of the parties. If an agreement is reached through mediation, the parties shall sign a settlement agreement and perform the contents of the agreement; if an agreement cannot be reached within 5 working days, the Labor Dispute Arbitration Committee shall terminate the mediation and accept the arbitration application. Article 14 For a labor dispute case that has been accepted and has clear facts and clear rights and obligations, if one of the following circumstances occurs, the labor dispute arbitration committee shall conduct pre-trial mediation: (1) The applicant and the respondent appear in court at the same time Requesting to resolve the dispute; (2) One party comes to court to request to resolve the dispute, and the other party is local and can be notified by telephone or other simple means to come to court for mediation during the defense period. Article 15 If the labor dispute arbitration committee conducts pre-trial mediation, the case shall be concluded through mediation within the time limit for the respondent's defense. If the labor dispute arbitration committee conducts pre-trial mediation, it shall inform the respondent of the contents of the arbitration application and the decision and time limit applicable to pre-trial mediation, and notify the parties of the time and place of mediation. If the parties reach a mediation agreement, the Labor Dispute Arbitration Committee shall record the mediation situation, have the parties sign and confirm it, and prepare an arbitration mediation letter to be delivered to the parties within 5 days; if the case cannot be concluded through mediation within the time limit, the respondent shall promptly submit a statement of defense. The trial period will be calculated from the date the case is filed and accepted, and the defense period will not be recalculated. Article 16 If the labor dispute arbitration committee conducts pre-trial mediation, it shall record the mediation situation and have it signed by the parties for confirmation. Article 17 After the arbitral tribunal concludes its investigation and before making an award, it shall organize mediation. If an agreement is reached through mediation, the arbitral tribunal shall prepare a mediation document, which shall be signed by the arbitrator, stamped with the seal of the Labor Dispute Arbitration Commission, and served to both parties. The mediation document becomes legally effective after it is signed by both parties. If mediation fails or one party regrets before the mediation letter is served, the arbitral tribunal shall make a timely award. 3. Arbitration Section 1 Arbitration Organization and Arbitration Participants Article 18 The Labor Dispute Arbitration Committee is a specialized institution that handles labor disputes in accordance with the law. Cities, districts and counties (autonomous counties) should establish labor dispute arbitration committees. Municipal, district and county (autonomous county) labor dispute arbitration committees are composed of the following personnel: (1) representatives of the human resources and social security administrative departments; (2) representatives of trade unions; (3) representatives of enterprises. The members of the labor dispute arbitration committee shall be an odd number. The confirmation and replacement of members of the labor dispute arbitration committee must be reported to the people's government at the same level for approval. Article 19 The Labor Dispute Arbitration Committee shall convene a meeting of the Labor Dispute Arbitration Committee to study and decide on major matters. Matters decided by the Labor Dispute Arbitration Committee must be attended by more than 2/3 of the members, and must be approved by more than half of the participating members. Article 20 The Labor Dispute Arbitration Committee shall have offices under it to perform the following duties in accordance with the law: (1) Establish the arbitration tribunal; (2) Manage the arbitration tribunal and arbitrators in accordance with the authorization of the arbitration committee; (3) Manage the arbitration committee’s seal, Documents, files, and funds; (4) Handle the daily work of the arbitration committee; (5) Handle other matters assigned by the arbitration committee. Article 21 The labor dispute arbitration committee shall establish a roster of arbitrators, which are divided into full-time arbitrators and part-time arbitrators. Full-time arbitrators are appointed by the Labor Dispute Arbitration Commission from among the personnel engaged in labor dispute settlement in the administrative departments of human resources and social security and the offices of the arbitration commission; part-time arbitrators are appointed by the Labor Dispute Arbitration Commission in the human resources and social security, comprehensive economic management, Appointed from qualified staff members of legal and other departments, local federations of trade unions, industry trade unions, enterprise federations/entrepreneur associations, as well as experts, scholars, and lawyers. Part-time arbitrators and full-time arbitrators have the same rights when conducting arbitration matters. Part-time arbitrators should be given appropriate subsidies when handling cases. Part-time arbitrators shall be supported by their employer when conducting arbitration activities and shall be deemed to have provided normal labor. Article 22: In labor disputes arising from the performance of a collective contract, employees may have representatives from the trade union participate in mediation and arbitration activities in accordance with the law, or representatives elected by employees through democratic means such as election may participate in mediation and arbitration activities. Article 23 A representative's participation in arbitration shall be effective for the party he represents. However, if the representative changes or abandons the arbitration request, or acknowledges the other party's arbitration request, or conducts a settlement, the represented party shall agree. Article 24 The parties may entrust an agent to participate in arbitration activities. To entrust another person to participate in arbitration activities, a power of attorney signed or stamped by the client shall be submitted to the Labor Dispute Arbitration Commission. The power of attorney shall specify the entrusted matters and authority. If the client terminates the entrustment, or changes the entrusted matters or authority, the client shall notify the labor dispute arbitration committee in writing.
Article 25 If a labor dispute occurs before the People's Court accepts a bankruptcy application, the administrator of the bankrupt enterprise designated by the People's Court shall participate in arbitration activities on behalf of the bankrupt enterprise after taking over the property of the debtor. Article 26 If a dispute arises between a laborer and an employer who does not have legal entity qualifications due to accidental injuries or occupational diseases, the investor and the employer shall be the same parties. Article 27 For individual industrial and commercial households, the owner registered on the business license shall be the party concerned. If there is a trade name, the registered trade name shall be indicated in the legal document. If the owner registered on the business license is inconsistent with the actual operator, the owner and the actual operator shall be the same parties. Section 2 Application and Acceptance Article 28 The Municipal Labor Dispute Arbitration Commission has jurisdiction over the following labor dispute cases: (1) Registered with the Municipal Administration for Industry and Commerce, with a registered capital of US$10 million or more (or equivalent to US$10 million or more) (2) Labor dispute cases between employers and foreign, Hong Kong, Macao and Taiwan workers who have obtained legal employment qualifications; (3) Municipal Labor Dispute Arbitration Commission Labor dispute cases that are considered to have significant impact. The district/county (autonomous county) labor dispute arbitration committee has jurisdiction over labor dispute cases within its administrative region other than those specified in the preceding paragraph. The Municipal Labor Dispute Arbitration Committee may accept cases under the jurisdiction of the district/county (autonomous county) labor dispute arbitration committee, or may designate labor dispute cases under its jurisdiction to be accepted by the district/county (autonomous county) labor dispute arbitration committee. If the district or county (autonomous county) labor dispute arbitration committee considers that the labor dispute cases over which it has jurisdiction are serious, difficult or involve a wide range of matters and need to be handled by the municipal labor dispute arbitration committee, it may submit them to the municipal labor dispute arbitration committee for handling. Article 29 Labor disputes shall be under the jurisdiction of the labor dispute arbitration committee at the place where the labor contract is performed or where the employer is located. The place where the labor contract is performed is the actual workplace of the employee; the location of the employer is the place where the employer is registered. If the employer has not been registered or registered, the location of its investor and founding unit shall be the location of the employer. Article 30 If a labor dispute raised by an employee involves two or more employers as respondents, the labor dispute arbitration committee shall have jurisdiction over the place where the labor contract is performed or where the first respondent is located. If the labor dispatch unit and the actual employer are the same respondent, the labor dispatch unit shall be the first respondent. During the construction of a project, if a worker is injured in an accident at work and requires payment of work-related injury benefits, if a labor dispute occurs with the employer, the labor dispute arbitration committee where the project was located when the worker was injured shall have jurisdiction. Article 31 If the Labor Dispute Arbitration Committee finds that a case it has accepted does not fall within its jurisdiction, it shall transfer it to the Labor Dispute Arbitration Committee with jurisdiction and notify the parties in writing. If the transferred labor dispute arbitration committee believes that the transferred case does not fall within its jurisdiction, it shall submit a request to the competent department of the arbitration committee at the upper level with the agreement to designate jurisdiction, and shall not transfer the case again. Disputes over jurisdiction arising between labor dispute arbitration committees shall be resolved through negotiation between the two parties. If negotiation fails, the matter shall be reported to the competent authority of the arbitration committee at the upper level of the agreement for designation of jurisdiction. Article 32 After the Labor Dispute Arbitration Committee accepts the case, if the parties have objections to the jurisdiction, they shall submit them in writing within the defense period. If the labor dispute arbitration committee finds that the objection is established after review, it will decide to transfer the case to the labor dispute arbitration committee with jurisdiction; if the objection is not established, it will decide to reject it. Article 33 The statute of limitations for applying for arbitration is one year. The arbitration limitation period is calculated from the date when the parties knew or should have known that their rights had been infringed. Disputes over the payment of wages, economic compensation, compensation, benefits, and return of deposits, security deposits, or mortgaged money and property that arise after the labor relationship is terminated or terminated shall be known to or should have been known to the parties on the date when the employer promises to pay or return the time limit for expiration. The date when the rights are infringed; if the employer has not made a commitment, the date when the labor relationship is terminated or terminated shall be the date when the party knew or should have known that his rights were infringed. In a dispute arising from the rescission or termination of the labor relationship, if the employer cannot prove the time when the employee received the notice of rescission or termination of the labor relationship, the date on which the employee claims his rights shall be the date when the party knew or should have known that his rights were infringed. If a worker requests the employer to pay work-related injury benefits, the day when the employer refuses to pay work-related injury benefits is the day when the party knows or should know that his or her rights have been infringed. After the conclusion of the labor ability appraisal comes into effect, if the employee and the employer have not yet reached an agreement on the payment of work-related injury benefits, the date when the appraisal conclusion becomes effective shall be deemed as the day when the parties knew or should have known that their rights had been infringed. Article 34 The applicant applying for arbitration shall meet the following conditions: (1) The applicant is an employer or employee who has a direct interest in the dispute; (2) There is a clear respondent; (3) There is a specific The arbitration request, facts and reasons; (4) Within the legal limitation period for applying for arbitration; (5) Comply with the scope of acceptance and jurisdiction specified in these Measures.
If the applicant is a natural person, he shall provide a copy of his identity certificate and state his name, gender, age, occupation, work unit, residence, mailing address, contact number, etc. in the arbitration application; if the applicant is an employer, A copy of the business license, registration certificate or certification document issued by the registration and registration authority shall be provided, and its name, residence, mailing address, contact number and the name and position of the legal representative or principal person in charge shall be stated in the arbitration application. content. The applicant applying for arbitration shall submit a written application for arbitration. If it is difficult to write an application for arbitration, the applicant may apply orally. If the application is made verbally, the labor dispute arbitration committee shall truthfully record it in the transcript and confirm it with the applicant's signature or seal. Article 35 After receiving the arbitration application, the Labor Dispute Arbitration Committee shall return the arbitration application to the applicant for rewriting or correction on the spot or within 5 days if it does not meet the statutory requirements, and at the same time inform the applicant of the content that should be rewritten or corrected; If the arbitration application meets the statutory requirements, a receipt shall be issued, indicating the date of receipt, the basic information of the parties and the arbitration request. If the Labor Dispute Arbitration Committee fails to make a decision on whether to accept the arbitration application more than 5 working days after receiving the arbitration application, the applicant may file a lawsuit with the People's Court on the labor dispute matter. The Labor Dispute Arbitration Committee shall issue a certificate that the case has not been filed according to the written request of the parties. , and explain the reasons. Article 36 The applicant may give up the arbitration request during the trial of the case, or change or add the arbitration request before the expiration of the time limit for producing evidence. The respondent may admit or refute the arbitration request, or file a counterapplication during the defense period. If the applicant changes or adds an arbitration request and the respondent files a counter-application, the other party shall have a defense period. Section 3 Hearing and Awarding Article 37 The arbitral tribunal shall hear labor dispute cases in the following order: (1) The clerk shall verify the identity and agency authority of the parties and their agents, and announce the discipline of the arbitral tribunal; (2) Chief Arbitrator The arbitrator or arbitrator announces the opening of the hearing, announces the list of arbitrators and clerks, informs the parties of their rights and obligations in the hearing, and asks the parties whether they have any requests for recusal; (3) Hear the applicant’s statement of the requested matters, facts and reasons, and the respondent’s statement (4) Mediation; (5) Final statements of opinions by the parties; (6) Informing the parties of the time limit for the arbitration award and announcing the closure of the hearing. Article 38 If an arbitrator has any of the following circumstances, he shall withdraw, and the parties shall state the reasons for applying for withdrawal: (1) He is a party to the case or a close relative of a party or agent; (2) He is interested in the case ; (3) Having other relationships with the parties or agents in the case, which may affect the fair ruling; (4) Meeting the parties or agents in private, or accepting treats and gifts from the parties or agents. The provisions of the preceding paragraph shall apply to clerks and appraisers. Article 39 The parties concerned are responsible for providing evidence for their claims. If the evidence related to the disputed matter is under the control of the employer, the employer shall provide it; if the employer fails to provide it within the prescribed time limit, it shall bear adverse consequences. When there are no specific provisions in the law and the burden of proof cannot be determined in accordance with the provisions of the preceding paragraph, the arbitral tribunal may determine the burden of proof based on the principles of fairness and good faith and taking into account factors such as the parties' ability to produce evidence. Article 40 The party bearing the burden of proof shall provide relevant evidence within the time limit designated by the labor dispute arbitration committee. If a party has difficulty in submitting evidence within the prescribed time limit, it shall apply to the Labor Dispute Arbitration Committee for an extension of time to produce evidence before the expiration of the time limit. With the approval of the Labor Dispute Arbitration Committee, the time limit may be extended appropriately. If the party still has difficulty submitting evidence within the extended time limit, he or she may apply for an extension again, and the labor dispute arbitration committee will decide whether to grant the extension. Article 41 The parties shall classify and number the evidence materials they submit one by one, record them in the evidence list, and briefly explain the source, object and content of the evidence materials. If there are witnesses, indicate the name and address of the witness, and record them on the evidence list. Sign or stamp, and indicate the date of submission. Article 42 The parties shall submit evidence for evidence exchange three days before the hearing. The labor dispute arbitration committee will not organize cross-examination during the hearing of evidence materials submitted by the parties after the deadline. This is except where the other party agrees to cross-examination. If there is no organization to exchange evidence before the trial, the parties shall complete the presentation of evidence before the end of the trial. Article 43 When an arbitrator conducts an investigation into a labor dispute case he is hearing, there should be at least two staff members, and relevant units and individuals should cooperate. During the investigation, the person under investigation shall first be shown his or her credentials and a record of the investigation shall be formed. After the investigation transcript has been reviewed by the person under investigation, it shall be signed or sealed by the person under investigation and the investigators. If the person under investigation refuses to sign or seal, the investigators shall record it in the record. If the Labor Dispute Arbitration Commission copies, consults, photographs, and videotapes archives kept by relevant state departments or units in accordance with the law, the relevant departments or units shall assist and cooperate and shall not charge fees. Article 44 Labor dispute arbitration committees may commission investigations among themselves. The labor dispute arbitration committee may entrust a social insurance agency to review the professional issues involved in the facts of the case. The entrusted unit shall complete the entrusted matters within 15 days from the date of receipt of the letter of entrustment; if it cannot be completed for any reason, it shall notify the entrusting party in writing within the above period.
Article 45 If the Labor Dispute Arbitration Commission deems that a specialized issue requires appraisal, it may be submitted to an appraisal institution agreed by the parties for appraisal; if the parties have not agreed or cannot reach an agreement, the labor dispute arbitration committee shall appoint an appraisal institution for appraisal. If a party applies for appraisal on a specialized issue, the labor dispute arbitration committee shall support it. The appraisal fee shall be paid in advance to the appraisal institution by the party applying for appraisal, and shall be borne by the party bearing the adverse consequences of the appraisal conclusion; if the party applying for appraisal fails to prepay the appraisal fee to the appraisal institution, it shall be deemed to have given up the appraisal application. If a party applies for labor ability appraisal, the labor dispute arbitration committee may entrust a labor ability appraisal agency to conduct the appraisal. Article 46 When an arbitral tribunal holds a hearing to hear a labor dispute case, the persons appearing in court from both parties shall provide valid identity certificates and relevant materials. If the persons appearing in court fail to provide valid identity certificates or power of attorney and other relevant materials, the arbitral tribunal may refuse to appear in court. If the applicant receives a written notice and refuses to appear in court without justifiable reasons or leaves the court midway without the consent of the arbitral tribunal, the application for arbitration may be deemed to have been withdrawn. If the applicant reapplies for arbitration, the arbitration commission will not accept it. If the respondent receives a written notice and refuses to appear in court without justifiable reasons or leaves the court midway without the consent of the arbitral tribunal, an award may be made in absentia. If the parties appear in court but their attorney fails to do so, the arbitral tribunal shall continue the hearing. If a party fails to appear in court for legitimate reasons, the Labor Dispute Arbitration Committee will decide whether to postpone the hearing. Article 47 Under any of the following circumstances, the arbitral tribunal shall suspend the hearing: (1) The work-related injury determination conclusion based on the determination of the facts of the case is subject to administrative review or administrative litigation, or the application for re-evaluation of labor ability has been accepted; (2) ) The employee dies and needs to wait for the heir to indicate whether to participate in the arbitration; (3) The employee has lost or partially lost the capacity for civil conduct and the legal representative has not yet been determined; (4) The legal person or other organization that is one of the parties has terminated and the legal representative has not yet been determined The recipient of the rights and obligations; (5) One party is unable to participate in the arbitration due to force majeure; (6) The current case must be based on the trial result of another case, and the other case has not yet been concluded; (7) Other matters that should be Circumstances in which the trial is suspended. After the reasons for suspending the hearing are eliminated, the arbitral tribunal shall resume the hearing. Article 48 If any of the following circumstances occurs, the arbitration tribunal shall terminate the hearing: (1) There is no heir or interested party after the death of the employee; (2) There is no successor to the rights and obligations after the employer is cancelled; (3) If the Labor Dispute Arbitration Commission fails to make a ruling within the time limit, the parties have filed a lawsuit with the People's Court regarding the dispute; (4) Other circumstances stipulated by laws and regulations. Article 49 The arbitral tribunal's decision on a labor dispute case shall be concluded within 45 days from the date the labor dispute arbitration committee accepts the arbitration application. If the case is complicated and requires an extension, it may be extended with the approval of the director of the Labor Dispute Arbitration Committee and the parties shall be notified in writing, but the extension period shall not exceed 15 days. If an arbitration award is not made within the time limit, the parties may file a lawsuit with the People's Court regarding the labor dispute. The Labor Dispute Arbitration Committee shall, upon the written request of the parties, issue a certificate that the arbitration has not yet been concluded and explain the reasons. Article 50 If any of the following circumstances occurs, the arbitration period shall be calculated according to the following provisions: (1) If the applicant needs to supplement and correct materials, the time for the Labor Dispute Arbitration Committee to receive the arbitration application shall be calculated from the date of supplementary materials; (2) Addition , change the arbitration application, the arbitration period is recalculated from the date of acceptance of the additional or modified arbitration application; (3) If the arbitration application and counter-application are combined, the arbitration period is re-calculated from the date of acceptance of the counter-application; (4) Transfer of the case jurisdiction, the arbitration period shall be calculated from the date of acceptance of the transfer; (5) The period during which the trial is suspended shall not be included in the arbitration period; (6) If it is extended in accordance with Article 46, Paragraph 4 of these Measures, the extension period shall not be included in the arbitration period within; (7) There are other circumstances that should be calculated separately according to laws and regulations. Article 51 The labor dispute arbitration committee and its staff shall keep confidential any evidence involving state secrets, personal privacy, or commercial secrets in the case. Article 52 When the labor dispute arbitration committee transfers the previously executed award to the people's court where the person subject to execution is domiciled or where the property is located for execution, it shall provide the following materials to the people's court: (1) Indicate the contact number and domicile of the parties to the case. Letter of transfer of execution; (2) Arbitral award for advance execution; (3) Proof of service of the arbitration award; (4) Application for advance execution by the parties. Article 53 When a labor dispute arbitration committee hears a labor dispute case, it shall issue relevant arbitration documents. The format of arbitration documents shall be uniformly formulated by the Municipal Labor Dispute Arbitration Committee. If the arbitration documents are served by announcement, an announcement may be made on the public information network of the municipal government department, but the reasons and process shall be recorded in the case file, and the corresponding web page records shall be retained at the same time.
Section 4 Supervision and Retrial Article 54 If the Labor Dispute Arbitration Committee finds within one year that its effective award falls under any of the following circumstances, it shall revoke the award and conduct a new trial: (1) There is new evidence that is sufficient to overturn the original award. ; (2) The evidence on which the award is based is forged; (3) The application of law in the award is indeed erroneous; (4) The determination of facts is indeed erroneous, leading to an erroneous outcome; (5) The arbitral tribunal violates statutory procedures, which may affect The case is decided fairly; (6) The arbitrator solicits or accepts bribes, engages in malpractice for personal gain, or makes a wrongful decision when hearing the case. Article 55 If the parties submit evidence to prove that the mediation violates the principle of voluntariness or that the contents of the mediation agreement are illegal within one year from the date when the mediation by the labor dispute arbitration committee takes effect, they may apply for a retrial. If the labor dispute arbitration committee finds the case to be true, it shall revoke the mediation agreement and conduct a new trial. Article 56 After an arbitration award or mediation document is revoked, the Labor Dispute Arbitration Committee shall form a new arbitration tribunal to re-hear the case within 10 days from the date of revocation, and the re-trial period shall be calculated from the date of revocation. The labor dispute arbitration committee shall review and conclude the case in accordance with relevant regulations when re-hearing the case.