|
1. Acceptance
After receiving the arbitration application, within 7 days, the arbitration
committee should determine whether to accept it, and reply to the appealing
party within 7 days. If the case is accepted, the appealing party should pay the
arbitration charges on time. The party being appealed against should submit
their statement of defense and relevant evidence within 15 days of receiving the
Notice of Responding to Suit.
2. Preparation for arbitration
When there are more than 3 employees involved in a labor dispute and have the
same grounds of appeal, they should select a representative to attend the
arbitration. The parties involved can entrust 1 or 2 lawyers or other attorneys
to handle the arbitration. If others are authorized to handle the arbitration,
the appealing party must submit the authorization letter with its signature or
seal to the arbitration committee. The authorization letter must specify the
matters authorized and the scope of authorization.
3. Arbitration of the case
For the arbitration of a labor dispute case, the arbitration court should
notify the involved parties of the time and place of the court session at least
4 days before the court session commences. If an involved party refuses to
appear in court without reasonable grounds after receiving the notification, or
withdraws from court without the consent of the arbitration court, for the
appealing party the court will regard it as withdrawing the appeal and for the
party being appealed against, the court will make the judgment by default.
Before the court session, the arbitration court should participate in
mediation. If mediation cannot work, the case will be taken to a court session
for judgment. The mediation will come into effect since the day when the
mediation paper arrives at the involved parties. Should any involved party
refuse to accept the arbitration decision as final, it can lodge a lawsuit to
the court within 15 days of receiving the verdict. Should one party refuse to
follow the effective mediation document and take the obligations prescribed in
the verdict, the other party can appeal to the court for forcible execution.
Both involved parties can settle the dispute by themselves, and the appealing
party should thereby withdraw the appeal from the arbitration committee.
|