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| Category | LABOUR ADMINISTRATION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1993-07-06 | Effective Date | 1993-08-01 |
|
Regulations of the People's Republic of China on Settlement of Labour Disputes in Enterprises |
|---|
Article 1 The present Regulations are formulated
to properly handle labour disputes in enterprises,
protect the legitimate rights and interests of the
enterprise and the workers and employees, maintain
the order of normal production and management,
develop sound labour relations, and promote the
smooth progress of the reform and the implementation
of the open policy.
Article 2 The Regulations are applicable to the
following labour disputes between the enterprise and
the workers and employees within the territory of
the People's Republic of China:
(1) Disputes arising out of dismissal, discharge
or lay-off of workers and employees by enterprises,
or resignation by workers and employees or leaving
their jobs of their own volition;
(2) Disputes concerning implementation of
relevant State regulations on wages, insurance,
welfare, training and labour protection;
(3) Disputes regarding execution of the labour
contract;
(4) Disputes that other laws and regulations
stipulate should be handled with reference to these
Regulations.
Article 3 The enterprise and the worker(s) and
employee(s) involved shall be the parties to a case
of labour dispute.
Article 4 Settlement of labour disputes shall
observe the following principles:
(1) Emphasis is given to mediation and prompt
handling;
(2) Labour disputes shall be dealt with in
accordance with law on a fact-finding basis;
(3) The parties involved are equal before
applicable laws.
Article 5 When there are more than three
workers and employees in a labour dispute with the same grievances as
one of the parties, the workers and employees
involved shall nominate their representative to
participate in the work of mediation and arbitration.
Article 6 In case of a labour dispute, the
parties shall first find solution through
negotiations. If the parties are unwilling to go for
negotiations or negotiations fail, the case may be
referred to the labour dispute mediation committee of the
enterprise in which the dispute has occurred; if
mediation fails , the case may be referred to the
labour dispute arbitration committee for
arbitration. The parties may also petition directly
to the labour dispute arbitration committee for
arbitration. When one of the parties or both parties
refuse to accept the arbitration award, he or they
may bring a lawsuit before the people's court.
In the course of handling a labour dispute, Article 7 An enterprise may set up a labour (1) Representative(s) of workers and employee(s); (2) Representative(s) of the enterprise; (3) Representative(s) of the enterprise trade The workers' and employees' representative(s) shall be The number of members to the mediation committee Article 8 The post of chairman of the mediation The mediation committee shall set up its office Article 9 In an enterprise without any trade Article 10 Disputes taken up by the mediation Article 11 The mediation committee shall Article 12 Counties, cities and city districts Article 13 The arbitration committee shall be (1) Representatives of the department in charge (2) Representatives of the trade union council; (3) Representatives of the department of overall The members to the arbitration committee must be The office of the arbitration committee shall be The arbitration committee shall follow the Article 14 The system of arbitrators and Article 15 The arbitration committee may engage Part-time and full-time arbitrators shall enjoy In executing their duties of arbitration, Article 16 In handling a labour dispute, the A simple labour dispute may be handled by a The arbitration tribunal may submit major or Article 17 The arbitration committees set up in The scope of jurisdiction of the arbitration Article 18 When the enterprise and the Article 19 Any party may mandate one to two Article 20 A worker with limited capacity to Article 21 The two parties in dispute may reach Article 22 A third party whose personal Article 23 A party to a labour dispute should The arbitration committee shall accept a Article 24 When a party petitions for (1) the name, occupation, address and work unit (2) the claim of arbitration and the facts and (3) any evidence as well as the names and Article 25 Within seven days from the date of The respondent shall within 15 days on The arbitration committee shall have the Article 26 The arbitration tribunal shall Article 27 In handling labour disputes, the tribunal Article 28 In case an agreement is reached If no agreement is reached through mediation or Acticle 29 The arbitration tribunal shall hand After the tribunal has made a ruling, an Article 30 If a party refuses to accept the Article 31 The legally effective mediation note Article 32 All labour disputes handled by an Acticle 33 In the course of handling a labour The arbitration committees may entrust each If in investigating labour disputes certain Article 34 When a party involved in a labour Arbitration fees include an acceptance fee and a Article 35 Any member of the arbitration (1) if he is one of the parties, or a close (2) if he has a personal stake in the labour (3) if he has some other relations with a party Article 36 The arbitration committee shall make Article 37 If in the course of handling a (1) if he interferes with mediation and (2) if he provides false information; (3) if he refuses to provide relevant documents, (4) if he retaliates against the arbitration Article 38 If any of the arbitration personnel Article 39 Labour disputes between state Article 40 The Rules of Organization and the Article 41 The people's governments of the Article 42 The department in charge of labour Article 43 The present Regulations shall come
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neither party shall take any action that may aggravate the dispute.
Chapter II Mediation in Enterprises
dispute mediatian committee (hereinafter referred to
as mediation committee) to be responsible for
mediation of labour disputes within the enterprise.
The mediation committee shall be composed of the
following persons:
union.
nominated by the congress of workers' and employees'
representatives or the workers' and employees' congress, the
enterprise representative(s) appointed by the
enterprise director or manager, and the enterprise
trade union representative(s) appointed by the
enterprise trade union committee.
shall be determined through negotiations between
workers' and employees' congress and the enterprise director or
manager, at the proposal of the former. The number
of enterprise representative(s) shall not exceed one
third of the total.
committee shall be taken up by a representative of
the enterprise trade union.
at the enterprise trade union committee.
union organization, the establishment and
composition of the mediation committee shall be
determined through negotiations between the workers' and employees'
representatives and the enterprise representatives.
committee shall wind up within 30 days starting from
the date of application by the parties; otherwise,
mediation shall be considered unsuccessful.
observe the principle of voluntariness for both parties
during mediation. Agreement reached through
mediation shall be written in a mediation note for
conscious execution by the two parties; if mediation
fails, the case may be referred to the labour
dispute arbitration committee by the parties for arbitration within a set time
limit.
Chapter III Arbitration
shall set up labour dispute arbitration committees
(hereinafter referred to as arbitration committees).
composed of the following persons:
of labour administration;
economic administration appointed by the government.
in odd numbers, and the post of chairman is to be
taken up by an official in charge of the department
of labour administration.
located at the labour dispute settlement section of the
department of labour administration, and be responsible
for dealing with its day-to-day routine.
principle of decision by a majority vote.
arbitration tribunals shall be adopted by the
arbitration committee in the settlement of labour
disputes.
personnel from the department in charge of labour
administration or from other relevant government
departments, trade union officials, experts,
scholars, and lawyers as full-time or part-time
arbitrators.
equal rights in discharging their duties of
arbitration.
part-time arbitrators shall receive the support of
their own work units.
arbitration committee shall form an arbitration
tribunal which shall be composed of three
arbitrators.
single arbitrator appointed by the arbitration
committee.
complicated labour dispute cases to the arbitration
committee for deliberation and decision. The
arbitration tribunal must implement the decisions of
the arbitration committee.
counties, cities and city districts shall be in
charge of handling labour disputes in their
respective administrative areas.
committees in cities with districts and in such
districts in handling labour disputes shall be
decided by the people's governments of the provinces
and autonomous regions.
worker(s) or employee(s) involved in a dispute are not located in
areas under the jurisdiction of the same arbitration
committee, the dispute shall be handled by the
arbitration committee located at the place where the
worker(s) or employee(s) in question has wage relations.
lawyers or other agents to act for him in
arbitration. The party that mandates others to act
for him in arbitration shall submit to the
arbitration committee a Power of Attorney bearing
his signature or seal. The Power of Attorney shall
specify clearly the terms and powers of the mandate.
take part in civil cases or without such capacity,
or a deceased worker, may be represented in
arbitration proceedings by his legal representative.
The arbitration committee may appoint an agent for a
worker without a legal representative.
a compromise on their own.
interest will be affected by the outcome of the settlement of a labour
dispute may file a petition to participate in the
proceedings or may participate when so notified by
the arbitration committee.
petition for arbitration to the arbitration
committee in writing within 6 months from the date
when he knows or should know that his rights have
been infringed upon.
petition when a party fails to observe the time
limit stipulated in the aforesaid clause due to
force majeure or other justifiable reasons.
arbitration to the arbitration committee, the
petition shall be submitted to the arbitration
committee, and copies of the petition shall also be
submitted in accordance with the number of
respondents. The petition shall specify the
following:
of a worker or employee who is a party to the case, or, if the
party is an enterprise, its name, address and legal
representative's name and position;
grounds on which it is based; and
addresses of witnesses.
receipt of a petition, the arbitration committee
shall decide whether to accept it or not. If the
decision is in the affirmative, the arbitration
committee shall send a copy of the petition to the
respondent and form an arbitration tribunal. If it
is in the negative, the committee shall make the
reasons clear.
receipt of the copy of the petition file a bill of
defence with related evidence. Delay or failure by
the respondent to file a bill of defence shall not
prevent the case from being heard by the committee.
authority to request the parties to provide or
supplement their evidence.
notify the parties in dispute four days in advance
and in writing the start of its time and place of
hearing. If a party has received the notice in
writing but refuses to appear at the hearing without
justifiable reasons or walks out in the course of
deliberations without permission of the arbitration
tribunal, and if he is the claimant, the arbitration
tribunal may decide that the case is withdrawn; and
if it is the respondent, the arbitration tribunal
may make an award by default.
shall firstly mediate and try to bring the two
parties involved together to reach an agreement on
their own on a fact-finding basis. The contents of
the agreement shall not contradict existing laws and
regulations.
through mediation, the arbitration tribunal shall
produce a mediation note in accordance with the
contents of the agreement. The note is legally
binding as from the date of receipt by the parties.
if one party retracts before the note is delivered,
the arbitration tribunal shall proceed promptly with
a ruling.
out its rulings over labour disputes under the principle of the minority
of its members submitting to the majority. Differing
views shall be placed on record.
arbitration award shall be produced and sent to the
parties in dispute.
arbitration award, he may bring a lawsuit before the
people's court within 15 days from receiving the
arbitration award. Otherwise, the arbitration award
shall come into force legally.
and arbitration award shall be implemented within
the set time limit by both parties. In case one
party fails to implement the note or the award upon
expiration of the time limit, the other party may
petition with the people's court for enforcement of
the note or the award.
arbitration tribunal shall be concluded within 60
days from the date of its setting up. If a case is
complicated requiring an extension of its mandate,
it shall be submitted to the arbitration committee
for approval, and the extension shall not exceed 30
days.
dispute, the arbitration committee has the authority
to consult files, documents and other evidences
pertaining to the case from the units concerned, and
also to investigate insiders. Such units and persons
shall not refuse.
other with the work of investigation.
information involves secrets or personal privacy, the
arbitration committee and its personnel shall keep
them confidential.
dispute applies for arbitration, he shall pay
arbitration fees according to the relevant rules set
by the State.
fee for dealing with the case. The rates and
procedures for charging arbitration fees shall be
determined by the department in charge of labour
administration under the State Council jointly with
the departments in charge of finance administration
and commodity prices administration under the State
Council.
committee and any arbitrator shall himself request
withdrawal from his office, and the parties to the
dispute also have the right to request, orally or in
writing, that he be withdrawn from his office, in
any one of the following circumstances:
relative of a party to the dispute;
dispute; or
to the labour dispute that might affect the
impartial handling of the case.
a prompt decision on a request of withdrawal, and
notify the parties orally or in writing.
Chapter IV Rules of Punishment
labour dispute a party or any related person commits
any of the following acts, the arbitration committee
may criticize and admonish him, or order him to
correct his mistakes; if the case is serious, he
shall be punished according to relevant provisions
of the Regulations of the People's Republic of China
on Administrative Penalties for Public Security; in
case of a crime, he shall be dealt with for his
criminal liabilities according to law:
arbitration, and hinders the arbitration personnel
from performing their duties;
materials and other evidences; or
personnel, assistants, witnesses or assistant
executive personnel.
in the course of handling a labour dispute bends the
law for his own benefit, takes bribes, abuses his
powers, or reveals secrets and private affairs of
individuals, he shall be dealt disciplinary sanction
by his work unit or its superior organ; if he is an
arbitrator, he shall be discharged by the
arbitration committee; in case of a crime, he shall
be dealt with for his criminal liabilities according
to law.
Chapter V Supplementary Provisions
organs, institutions and social organizations and
their workers, or disputes between individual
businesses of industry and commerce and their assistants or apprentices shall
be handled with reference to the present Regulations.
Procedure Rules of the arbitration committee shall
be formulated by the department in charge of labour
administration under the State Council jointly with
relevant departments.
provinces, autonomous regions and municipalities directly under the Central
Government may formulate their own measures of application in
accordance with the present Regulations.
administration under the State Council shall be
responsible for the interpretation of the
Regulations.
into force from August 1, 1993. The Provisional
Regulations on Settlement of Labour Disputes in
State-owned Enterprises promulgated by the State
Council on July 31, 1987 shall be simultaneously
superseded.
URL: http://www.asianlii.org/cn/legis/cen/laws/rosoldie625