What is the basic procedure for arbitration?
(02.20.2008)

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.