NHZ Labour Disputes Arbitration Commission

It was set up in February, 1997, with the participation of the NHZ's leaders, and the representatives coming from the Labours/Personnel Department, the Economic Development Department and the workers' union. Since its establishment, it has registered, investigated and dealt with seven labour disputes cases, in which 13 workers and staffs were involved, and the declared object of the dispute was close to ten millions RMB Yuan. At present, all these cases have been wound up.

In case there occur the disputes arised from the fact that an enterprise has dismissed, disemployed and discharged its workers and staffs, or from the fact that the workers and staffs have resigned and quitted from a job by themselves, or from the fulfillment of the labour contracts, or from the execution of the state-stipulated regulations on salaries, insurance, welfare, training, labour protection, etc., the enterprises and their workers and staffs in the NHZ can go to the NHZ Labour Disputes Arbitration Commission to apply for the arbitration.

In case that an enterprise or a worker or a staff applies for the arbitration, the written application form and its copies ( the number of the copies should accord to that of the accused persons) should be submitted to the NHZ Labour Disputes Arbitration Commission within 60 days started from the day when the labour disputes have occurred. In the Appeal, the following items should be listed:

1) Name, Occupation, Address, and Job Post of the Person-in-charge. Name and Address of the Enterprise, and Name and Position of the Legal Representative.

2) Request of Arbitration, Facts and Reasons.

3) Evidences, Names and Addresses of the Witnesses.

The NHZ Labour Disputes Arbitration Commission will decide, within 7 days started from the day when it has received the Appeal, whether it will accept and hear the case or not. The accused person should submit the reply and the relevant evidence within 15 days started from the day when he has received the copy of the Appeal. If he has not submitted the reply on time or will not submit the reply, there will be no influences on trying the case. The Arbitration Court, which has been formed by the NHZ Labour Disputes Arbitration Commission due to the case, will notify the person-in-charge, four days ahead of the schedule, when and where it will open court session. If the person-in-charge has, without proper reasons, refused to be present at the court after having received the notice, or has quitted from the court through signing midway, the accuser will be treated according to revocation of the appeal, and for the accused person, the case can be ruled with his absence.

In the course of handling the labour disputes, the Arbitration Court will pursue the principles on mediating first. If an agreement has been concluded via mediating, the mediation form will legally come into effect right from the day when it has reached to the person-in-charge. If the person-in-charge refuses to accept the verdict of arbitration, he can submit the appeal to the People's Court within 15 days started from the day when he has received the verdict form, and if the period has expired and he has not sued, the verdict will immediately come into effect. If a party's person-in-charge has not sued and has not fulfilled the verdict of arbitration, the other party's person-in-charge can go to the People's Court to apply for the forcible execution.

In the course of accept and hear the case of labour disputes, the Arbitration Commission will obtain the arbitration charges.