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Interim Measures of Jilin Province to Arbitration on Personnel Disputes

(Promulgated by Decree No. 144 of the Jilin Provincial People' s Government on November 11,2002)

Chapter I General Provisions

Article 1. These Measures are formulated for the purposes of arbitrating personnel disputes justly and timely, protecting legal rights and interests of units and individuals, safeguarding the working order of administrative organs institutions and in accordance with the related regulations of the state and in light of the actual circumstances in this province.

Article 2. These Measures shall apply to the following personnel disputes with in the administrative divisions of this province:

(1)The disputes occurred between administrative organs and their working members on employment, transfer and the performance of the contract of employment.

(2)The disputes occurred between institutions and their working members on resignation, dismissal and the performance contract of employment recruitment; and

(3)The disputes on mobility of trained people and other personnel disputes that may be arbitrated according to the provisions of laws, regulations and rules.

Article 3. In the arbitration of personnel disputes, the challenge system, the debate system, the collegiate system and the first adjudication ending system shall be put into practice.

Article 4. The principals of promptness, justice and fairness shall be followed in arbitrating personnel disputes, facts shall be based on, and laws, regulations and rules shall be the criterion.

Article 5. The minority nationalities have the rights of utilizing their own languages and characters to participate the arbitration.

Chapter II Institutional Frameworks and Responsibilities

Article 6. The provincial, municipal, prefectural, county (city, district ) people' s governments shall respectively set up arbitration commissions of personnel disputes.

The arbitration commission of personnel disputes shall be composed of one chairman, one or two vice-chairmen and several members. The responsible person who is in charge of the personnel work of the people' s government at the same level or the, responsible person who is in charge of the personnel administration department of the government may act as the chairmen. The related personnel may be employed as the vice-chairman and members.

The number of an arbitration commission of personnel disputes should be singular.

Article 7. Administrative offices shall be set up under the arbitration commission to be responsible for handling the daily business of the arbitration commission. The administrative offices shall be set up in the personnel administrative department of the people' s government at the same level. The administrative offices may be set up separately, and may also be merged with the inner organs of the personnel administrative department, but the professional working staff must be provided.

Article 8.When the arbitration commission arbitrates personnel dispute cases, the arbitration court system shall be put into practice. The arbitration court may constitute an arbitration court of sole-judge-proceeding system or of collegiate system. The arbitration court of collegiate system shall be composed of more than 3 (including 3) singular arbitrators. The arbitration commission shall appoint one of these arbitrators as the chief arbitrator. As for simple personnel dispute cases, the arbitration commission may appoint one arbitrator to handle them independently.

Article 9. The arbitration commission may employ the personnel, experts and scholars of the related governmental departments as the full-time or part-time arbitrators.

The employed arbitrators shall be delivered the certificate by the personnel administrative department of the provincial people' s government.

In arbitration activities, the part-time arbitrators shall share the equal rights with the full-time arbitrators.

When the part-time arbitrators carry out their arbitration activities, their work units should give them support.

Article 10. The arbitration commission shall have the following responsibilities:

(1)To be responsible for the arbitrating personnel disputes within its arbitrational scopes, and to lead ,examine and supervise the work of its working bodies and arbitration courts;

(2)To study and formulate all kinds of working systems of the arbitrations of personnel disputes, study and arrange the work of arbitrations of personnel disputes and to report the work to the people' s government at the same level.

(3)To employ arbitrators ,determine the component forms of arbitration courts and to determine the arbitrators, avoidance; and

(4)To study the major or difficult personnel dispute cases submitted to the arbitration commission for decision by its working bodies.

Article 11. The working bodies of an arbitration commission shall have the following responsibilities.

(1)To be responsible for accepting and hearing cases, service of arbitration documents, archives administration and the collection and administration of arbitrational expenses;

(2)To specify the members of arbitration courts;

(3)To organize and develop the theoretical study on personnel dispute arbitrations, do well the propaganda work of the laws, regulations and polices on personnel dispute arbitrations, and to make a professional training and management on the arbitrations;

(4)To collect the materials on arbitration work , conclude and exchange experiences on handling cases.

(5)To report the work to the arbitration commission and personnel administrative departments and accept their leadership, examination and supervision; and

(6)To complete other work that are handed over by the arbitration commission.

Article 12. The arbitration courts shall have the following responsibilities:

(1)To investigate and collect evidences, require the litigants to provide evidences, examine and judge the evidences;

(2)To mediate the two disputing parties and make a mediation document when the mediation winds up a case;

(3)To give a verdict according to law and make a verdict document if the mediation fails; and

(4)To consult experts on the related special problems or entrust the related specialized organs to make an inspection or identification.

Article 13. The arbitrators shall have the following responsibilities:

(1)To accept the cases handed over by the arbitration commissions and their working bodies and participate arbitration courts;

(2)To work out an investigation outline, investigate and collect evidences, find out the facts of cases and arrange the investigation materials;

(3)To preside over a mediation and urge two parties to reach a mediation agreement; and

(4)To participate the activities of arbitration and put forward verdict opinions on cases.

Article 14. The arbitrators should apply for avoidance by themselves if they have any of the following cases; the litigants and their deputies shall have a right to apply for the arbitrators' avoidance in an oral way or in a written form:

(1)To be the litigants of these cases or close relatives of the litigants or of the deputies;

(2)To be an interested person in these cases; and

(3)To have other relationships with the litigants or the deputies of these cases and thus they may influence a justice verdict.

Article 15. If a litigant applies for the arbitrators' avoidance, generally speaking, it should be put forward before trying the dispute. During the arbitration, if the litigants finds out that the arbitrators are really needed to avoid according to these Measures, they may also propose it. The arbitration commission should make a decision on the avoidance application within 2 days and inform the litigant.

Article 16. If the arbitrators are in a situation that they should avoid, neither the litigant nor the arbitrator himself hasn' t put forward an avoidance application, the arbitration commission may make a decision on avoidance directly.

Chapter III Jurisdiction

Article 17. The principles of combining grade jurisdiction with division jurisdiction shall be put into practicein personnel dispute arbitrations.

Article 18. The provincial arbitration commission of personnel disputes shall have jurisdiction over the following cases on personnel dispute arbitration:

(1)The cases on personnel dispute arbitration related to every administrative organ and institution in Changchun under the central government and the provincial government;

(2)The cases on personnel dispute arbitration involved more than 2 cities and prefectures;

(3)The cases on personnel dispute arbitration having major influence in the whole province.

Article 19. The municipal or prefectural arbitration commission of personnel dispute shall have jurisdiction over the following cases on personnel dispute arbitration:

(1)The cases on personnel dispute arbitration related to the resident administrative organs and institutions under the central government and provincial government and in the seat cities of the municipal or prefectural people' s governments;

(2)The cases on personnel dispute arbitration related to the resident administrative organs and institutions under the municipal and prefectural people' s government the seat cities of the municipal or prefectural people' s governments;

(3)The cases on personnel dispute arbitration involved more than 2 counties (cities, districts) in this region; and

(4)The cases on personnel dispute arbitration having major influence in the municipalities and prefectures.

Article 20. The county (city, district) arbitration commissions of personnel disputes shall have jurisdiction over the cases on personnel dispute arbitration beyond the jurisdiction of provincial, municipal or prefectural arbitration commissions of personnel dispute in their administrative division.

Article 21. The dispute, which happens between arbitration commissions of personnel dispute because of the right of jurisdiction, shall be solved through consultation by the two sides. If it can' t be solved through consultation, it shall be determined by the personnel administrative departments of the people' s government at a higher level shared by the two sides; if they haven' t the shared personnel administrative departments of the people' s government at a higher level, it shall be determined by the personnel administrative department of the provincial people' s government. The determination made by the personnel administrative department of the provincial people' s government shall be the final determination. As for the personnel dispute cases that more than 2 arbitration commissions of personnel dispute have the right of jurisdiction, they shall be under the jurisdiction of the arbitration commission of personnel dispute that first places the case on file.

Article 22. If the arbitration organs can' t perform their responsibilities because of force majeure, the right of case jurisdiction should be under the jurisdiction of the arbitration organs that are most favorable to collect evidences and are beneficial to the litigants to participate arbitrations.

Chapter IV Application and Acceptance and Hearing

Article 23. The applicants and those being applied the litigants of arbitration activities shall be. The persons, who apply for an arbitration to the arbitration organs of personnel dispute in the name of themselves and cause the procedures of personnel dispute arbitration to happen in order to protect their own legal rights and interests, shall be applicants. The persons, who have personnel disputes with the applicants and are informed to participate arbitration procedures by the arbitration organs of personnel dispute, shall be the parties being applied. If a unit is the litigant concerned, its legal representative or its entrusted deputy shall participate arbitration activities.

In the course of arbitration procedures, if the legal representative is changed, a new legal representative shall continue to participate the arbitration activities. The new legal representative should submit the identity certificate of legal representative to the arbitration commission.

Article 24. If the litigant concerned of a personnel dispute is an incompetent person or a person limited in disposing capacity, his guardian shall participate the arbitration activities; if the litigant is dead, his spouse , parents , adult children and other close relatives shall participate the arbitration activities. If the guardian or the close relatives are uncertain or shift their responsibilities, the arbitration commission shall appoint a deputy according to law.

Article 25. The litigant may entrust a lawyer or other 1 or 2 persons as deputies to participate arbitration activities. Whoever entrusts others to deputize; he must submit the letter of attorney signed or stamped by the consignor to the arbitration commission. In the letter of attorney, entrusted items and limits of authority should be specified.

Article 26. The litigants of personnel disputes, if more than 3 persons are in one party, and they have shared common reasons of arbitration application, all the litigants or part of the litigants may recommend 1 to 3 persons as their representatives to participate arbitration activities.

Article 27. The third person, who has interested relationships with the handled results of the cases on personnel dispute arbitration, may apply for participating the arbitration or may be informed to participate the arbitration by the arbitration commission.

Article 28. The litigants should apply to an arbitration commission that have the right of jurisdiction over arbitration in a written form within 60 days since the date of dispute happening. If they apply for arbitration exceeding the time limit, the arbitration organs shall not accept and hear the cases. As for the personnel disputes exceeding the time limit because of force majeure or other proper reasons, the arbitration commission should accept and hear them.

Article 29. When the litigants apply to the arbitration commission for arbitration, they should submit an application form and its copies according to the number of the persons being applied. The following items shall be stated clearly in an arbitration requisition form:

(1)The name, sex, age, career, work unit and dwelling place of the applicant. If the applicant is a unit, the name, address of the unit, and the name, post of its legal representative or chief responsible person shall be stated clearly;

(2)The name, sex, age, career, work unit and dwelling place of the person being applied. If the person being applied is a unit, the name, address of the unit, the name and post of its legal representative or chief responsible person shall be stated clearly;

(3)The detailed contents required in the arbitration and the facts and reasons based on;

(4)Evidences and the source of evidences, the names, dwelling places and contracting ways of the witness; and

(5)Signature or stamp of the applicants, and note the date when the application is raised.

Article 30. After receiving the arbitration application, the working bodies of an arbitration commission should examine the following items:

(1)Whether the applicant has direct interests with the case;

(2)Whether the dispute applied for arbitration belongs to the limits of personnel dispute arbitration;

(3)Whether this personnel dispute is under the jurisdiction of this arbitration commission;

(4)Whether the time when the arbitration is applied conforms to the regulations on limitation period;

(5)Whether the requests, facts and reasons applied for arbitration are clear and definite;

(6)Where this personnel dispute has been tried and handled by other arbitration organs or the people' s court; and

(7)Other items that should be examine.

As for the arbitration application forms in which applying materials are not sufficient or the related situations are not definite, the applicant should be informed to give an explication and supplement.

Article 31. If the items applied for arbitration fail to pass the examination according to the provisions of said Article 30, the arbitration commission should make a decision on denial, inform the litigant within 10 days in a written form and state the reasons of denial. After the arbitration commissions place a case on file, but find it failing to conform to the provisions of said Article 30, they may also reject the application. The decision document of denial and the award of rejecting the application should be signed by the working members responsible for handling this case, be stamped the seal of the arbitration commission, and be served to the applicant.

Article 32. As for the case that has been examined and considered as the case that should be handled and heard, a decision on accepting and hearing should be made within 10 days, the copy of the arbitration application form shall be served to the person being applied within 7 days, and the arbitration court shall be formed and the applicant shall be informed to hand in arbitration expenses in advance according to regulations.

The person being applied shall submit the written reply and the related evidences within 15 days since the date of receiving the copy of the arbitration application form. That the person being applied fails to submit on time or doesn' t submit the written reply shall not influence the process of the arbitration procedure.

Chapter V Mediation and Verdict

Article 33. When arbitration courts handle a personnel dispute, they should first make a mediation, urge the two litigants to reach an agreement voluntarily on the basis of finding out truth and distinguishing responsibilities. The contents of the agreement shall not be allowed to violate laws, regulations, rules and policies.

Article 34. Where an agreement is reached through mediation, the arbitration court should make a mediation document according to the contents of the agreement. In the mediation document , arbitration request and the results of agreement between the two litigants should be stated clearly . The mediation document shall be signed by the members of the arbitration court and printed the stamp of arbitration commission, and served to the two litigants. When an agreement hasn' t been reached or a litigant goes back on his promise before the mediation document is served, the arbitration court should timely make an arbitration.

Article 35. A court session shall be opened to make the arbitration. Where the litigants agree not to open a court session or the arbitration court doesn' t think it suitable to open a court session, a written arbitration may be made.

Article 36. If they have decided to open a court session to try the case, the arbitration court should timely determine the date of opening the court session and the outline of court trial. The time and place of opening the court secession and name list of members of arbitration court shall be served to the litigants and other arbitration participators before opening the court session.

Having been informed in a written form, the arbitration applicant fails to come to the court without appropriate reasons or quits the court halfway without the permit of arbitration court, he shall be regarded as withdrawing his arbitration application. Having been informed in a written form, the person being applied fails to come to the court without appropriate reasons or quits the court halfway without the permit of arbitration court, he may be arbitrated by default.

Article 37. The litigants have the responsibility to provide the evidences to the arbitration court. In which the materials, such as the litigants' personnel archive dossiers, and the minutes, resolutions, documents from higher authorities, and decisions of units, should be provided by the litigants of unit party.

Article 38. The arbitration court may directly investigate and collect evidences in any of the following cases:

(1)Where the litigant and his deputy can' t collect the evidences by themselves because of objective reasons;

(2)Where the arbitration committee thinks the evidences need to be identified and inquested;

(3)Where the evidences provided by the litigants is contradict each other and can' t be affirmed; and

(4)Other circumstances which the arbitration commission or arbitration court think they should collect evidences by themselves.

More than two arbitrators shall collect evidence jointly when arbitration commission collects evidence.

Article 39. The evidences should be displayed in the arbitration court and should be questioned mutually and be affirmed by discussion of court trail. The evidences, that haven' t been affirmed or may not be proved by other materials and the opposite litigants fail to admit, should not be taken as the basis of recognizing the truth in arbitration.

Article 40. Before opening the court, the clerk of a court should make clear whether the litigants and other arbitration participants have come to the court; declare the disciplines of the arbitration court. When opening the court to try the case, the chief arbitrator or sole arbitrator shall check the litigants' status, the limits of authority of the deputy, declare the applying items of arbitration, declare the name list of arbitrators, clerks, announce the related rights and obligations of the litigants in arbitration activities, and inquire whether the litigants apply for avoidance.

Article 41. The arbitration court shall accord to the following order to make an investigation:

(1)The statement of the litigants;

(2)The witness testify, and declare the testimony made by the witness failing to come to the court;

(3)To show the evidences;

(4)To announce the conclusion of identification; and

(5)To announce the notes of inquest.

Article 42. If the applicants add a legal, the persons being applied propose a counter charge, the third persons proposes a claim related to the case, they may be tried amalgamatedly.

Article 43. The litigants have the right to debate in the process of arbitration, according to the following order:

(1)The applicant and his deputy make a statement;

(2)The person being applied and filed or his deputy make a statement;

(3)The third person and his deputy make a statement;

(4)The two parties make a debate;

(5)After the arbitration court completes their debate, the chief arbitrator or the sole arbitration shall consult each party' s final opinions according to the order.

Article 44. The procedure that the arbitration court appraises through discussion and verdicts shall be the following:

(1)The arbitration court should appraise the opinions of the applicants and the persons being applied through discussion, make a verdict decision according to the truth of the case, the applied laws, regulations and rules;

(2)The principal of "The minority is subordinate to the majority" shall be practiced when the arbitration court of collegiate system appraise a case through discussion, the verdict shall be made according to the opinions of the majority; when an arbitration court fails to form the majority opinions, the verdict shall be made according to the opinions of the chief arbitrator; the different opinions in appraisal must be noted strictly according to the facts and shall be signed by the members of the arbitration court;

(3)After the arbitration court makes a verdict, the chief arbitrator or the sole arbitrator shall announce the arbitrational decision.

(4)Where the verdict can' t be announced in during the court, the chief arbitrator or the sole arbitrator should announce that the case shall be given a verdict at a fixed time; and

(5)The clerk shall inform the litigants or their deputies to read the notes of arbitration court during the court or in that day. If the litigants or their deputies think the notes are exact, they should sign their names or print their stamps on the notes; those refusing to sign or stamp shall be noted in the information appendix; as for those thinking the notes of their statement are omitted or have mistakes, they may apply to the arbitration court for correcting them. The notes of the arbitration court shall be signed by the members of the arbitration court.

Article 45. The arbitration court should make a written verdict within 5 days since the arbitration decision has been made. The arbitrational request, deputy truth, reasons for verdict, findings of verdict, the bearing of the costs for arbitration and the date of should be stated clearly in the written verdict. The written verdict shall be signed by the members of the arbitration court and printed the stamp of arbitration commission additionally.

Once the written verdict has been served, it shall come into force.

Article 46. When arbitration courts arbitrate major or knotty personnel dispute cases, they may submit the cases to the arbitration commission for discussion and making a decision.

Article 47. When arbitration courts arbitrate personnel dispute cases, generally they should wind up the cases within 60 days as of the date when arbitration courts are formed. If the details of a case are complicated and the case needs to extend the time limit, the time limit may be appropriately extended, but the extended period may not exceed 30 days.

Article 48. The prescription and duration of arbitration and the service of the arbitration documents shall be performed according to the related regulations of civil litigations

Chapter VI Execution and Supervision

Article 49. The verdict and mediation form coming into force shall have the binding force on the litigants of both parties, the litigants must execute them. If the litigant one party fail to executed within a prescribed time limit, the litigant of other party may apply to the local people' s court for compulsory enforcement according to law.

Article 50. If the litigants have evidences to prove the verdict has any of the following cases, they may apply to the arbitration commission which gave the verdict for a new arbitration within 10 days since the date of receiving the written verdict:

(1)The forming of the arbitration court or the arbitrational procedures violates the stipulated procedures;

(2)The evidences that the verdict is based on are forged;

(3)The litigants of opposite party concealed the evidences that are enough to affect the just verdict;

(4)The arbitrators have the behaviors of accepting and asking for bribes or indulging malpractice when they arbitrate the case; and

(5)The state organs and their working staff interfere illegally and affect the normal verdict of cases.

Article 51. After being examined verified by the arbitration commission, the verdict having any of the circumstances stipulated in the provisions of said Article 50, another arbitration commission should be formed to make a new arbitration.

During the process of a new arbitration, the execution of verdict shall not be affected.

Article 52. As for the verdict coming into force made by this commission, if the chairman of this arbitration commission finds it needing a new arbitration, he should submit it to the arbitration commission to determine whether to make a new arbitration. If a new arbitration is needed, another arbitration court shall be formed to try, a new verdict shall be made within 15 days.

Chapter VII Legal Liabilities

Article 53. As for the litigants and the related persons have any of the following behaviors in the process of personnel dispute arbitration, they shall be given an administrative sanction by their work units, the higher organs at or the related competent departments according to law; those violating Regulations of the People' s Republic of China on Security Administration Punishment shall be punished by security organs; where a crime is constituted, the criminal liability shall be investigated for by judicial organs according to law:

(1)To interfere arbitration activities and hinder the working staff of arbitration from exercising their public functions;

(2)To refuse to provide the related documents, data and other evidence materials;

(3)To provide false circumstances, conceal the facts of matters, provide forged evidences or hide, transfer, forge or destroy the evidences; and

(4)To take revenge on the working staff of arbitration, arbitration participants, witness and assistant executors.

Article 54. Where the working staff of arbitration indulge in malpractice, accept or ask for bribes, extort, abuse their powers, betray a secret and personnel privacy, and violate the legal rights and interests of the litigants, they shall be given, according to law, an administrative sanction by their work units, higher organs or the competent departments. Where a crime is constituted, the criminal liability shall be investigated for by judicial organs according to law. If they are arbitrators, their qualifications for arbitrator shall be cancelled by the arbitration commission.

Chapter VIII Supplementary Provisions