Who has the \"Procedures for Handling Labor Disputes in Companies\"?

Handling labor disputes should be the responsibility of the administrative and human resources department, right?

I guess so. Does anyone have information on this?

This post was last edited by lyhh9024 on 2010-9-15 17:51. Reply to 1# Submarine: I’m not sure if this meets your requirements Regulations of the People’s Republic of China on the Resolution of Labor Disputes in Enterprises (Adopted at the fifth executive meeting of the State Council on June 11, 1993; issued by Order No. 117 of the State Council of the People’s Republic of China on July 6, 1993) Table of Contents Chapter I General Provisions Chapter II Enterprise Mediation Chapter III Arbitration Chapter IV Sanctions Chapter V Supplementary Provisions Chapter I General Provisions Article 1 These regulations are formulated in order to properly resolve labor disputes in enterprises, protect the legitimate rights and interests of enterprises and employees, maintain normal production and business operations, foster healthy labor relations, and promote the smooth progress of reform and opening up. 　　Article 2 These Regulations apply to the following labor disputes between enterprises and employees within the territory of the People’s Republic of China: (1) Disputes arising from an enterprise’s dismissal, expulsion, or termination of an employee, as well as from an employee’s resignation or voluntary departure ； 　　(II) Disputes arising from the implementation of **provisions regarding wages, insurance, benefits, training, and labor protection** ； 　　(III) Disputes arising from the performance of the labor contract ； 　　(IV) Other labor disputes that are required to be handled in accordance with these regulations as stipulated by laws and regulations. 　　Article 3: Enterprises and employees are the parties in labor dispute cases. 　　Article 4: The handling of labor disputes shall follow the following principles: (1) Emphasize mediation and handle them promptly ； 　　(II) Handle the matter in accordance with the law after ascertaining the facts ； 　　(III) All parties are equal before the law. 　　Article 5: Where there are three or more employees on the employee side involved in a labor dispute and they share a common cause, they shall elect representatives to participate in mediation or arbitration proceedings. 　　Article 6: After a labor dispute arises, the parties shall resolve it through consultation ； If negotiation is unwilling or fails, one may apply to the company’s labor dispute mediation committee for mediation ； If mediation fails, an application for arbitration can be submitted to the Labor Dispute Arbitration Commission. The parties may also apply for arbitration directly to the labor dispute arbitration committee. If one is dissatisfied with the arbitration award, they may file a lawsuit in the people’s court. 　　During the resolution of labor disputes, the parties must not engage in actions that exacerbate the conflict. Chapter 2 Enterprise Mediation Article 7 Enterprises may establish labor dispute mediation committees (hereinafter referred to as mediation committees). The mediation committee is responsible for resolving labor disputes that arise within the company. The mediation committee is composed of the following members: (1) Employee representatives ； 　　(II) Enterprise representatives ； 　　(III) Representatives of the enterprise trade union. 　　Employee representatives are elected by the employees’ representative assembly (or employees’ meeting, the same hereinafter) ； The enterprise representative is appointed by the plant director (manager) ； Representatives of the enterprise trade union are appointed by the enterprise trade union committee. 　　The exact number of members in the mediation committee is proposed by the workers’ representative assembly and determined through consultation with the plant manager, with the number of enterprise representatives not exceeding one-third of the total number of committee members. 　　Article 8: The director of the mediation committee shall be served by a representative of the enterprise union. 　　The administrative office of the mediation committee is located in the enterprise trade union committee. 　　Article 9: In enterprises where no trade union organization has been established, the establishment of the mediation committee and its composition shall be determined through consultation between employee representatives and enterprise representatives. 　　Article 10: The mediation committee shall conclude the mediation of labor disputes within 30 days as of the date on which the parties apply for mediation ； If it is not concluded by the expiration date, it is deemed that mediation has failed. 　　Article 11: When resolving labor disputes through mediation, the mediation committee shall adhere to the principle of voluntariness on the part of both parties. If an agreement is reached through mediation, a mediation agreement shall be prepared, and both parties shall fulfill it voluntarily ； If mediation fails, the parties may apply for arbitration to the labor dispute arbitration committee within the specified time limit. Chapter 3 Arbitration Article 12 Counties, cities, and municipal districts shall establish labor dispute arbitration committees (hereinafter referred to as arbitration committees). 　　Article 13: The arbitration committee shall be composed of the following members: (1) A representative from the labor administration department ； 　　(II) Representatives of trade unions ； 　　(III) **Representatives of the designated comprehensive economic management department.** 　　The arbitration committee must consist of an odd number of members, with the chairman held by the head of the labor administration department. 　　The labor dispute resolution body of the labor administration department is the operational agency of the arbitration commission, responsible for handling the day-to-day affairs of the arbitration commission. 　　The arbitration committee operates on the principle of the majority ruling. 　　Article 14: The arbitration commission handles labor disputes through an arbitrator and arbitration tribunal system. 　　Article 15: The arbitration commission may appoint personnel from the labor administration department or **other relevant departments, trade union workers, experts, scholars, and lawyers as full-time or part-time arbitrators. 　　Part-time arbitrators enjoy the same rights as full-time arbitrators when performing arbitration duties. 　　When part-time arbitrators carry out arbitration activities, their employers should provide support. 　　Article 16: When handling labor disputes, the arbitration commission shall form an arbitration tribunal. The arbitral tribunal consists of three arbitrators. 　　In simple labor dispute cases, the arbitration committee may appoint an arbitrator to handle them. 　　In handling major or complex labor dispute cases, the arbitration tribunal may submit them to the arbitration committee for discussion and decision-making ； The arbitration committee’s decision must be enforced by the arbitration tribunal. 　　Article 17: The arbitration committees of counties, cities, and municipal districts are responsible for labor disputes that occur within their respective administrative areas. 　　The scope of cases related to labor disputes that are accepted by the arbitration commissions in cities divided into districts and those in municipal districts shall be stipulated by the people’s congresses of provinces and autonomous regions. 　　Article 18: Where the enterprise involved in a labor dispute and the employee are not within the jurisdiction of the same arbitration commission, the case shall be handled by the arbitration commission located in the area where the employee’s wage relationship is based. 　　Article 19: The parties may appoint one or two lawyers or other persons to act as agents in arbitral proceedings. To entrust another person to participate in arbitration proceedings, it is necessary to submit a power of attorney signed or sealed by the principal to the arbitration commission; the power of attorney shall specify the matters and authorities granted for the delegation. 　　Article 20: Employees who lack civil capacity or have limited civil capacity, or deceased employees, may have their legal representatives represent them in arbitration proceedings ； If there is no legal representative, the arbitration commission shall appoint one to represent them in the arbitration proceedings. 　　Article 21: The parties may reach a settlement on their own. 　　Article 22: A third party with an interest in the outcome of a labor dispute case may apply to participate in the arbitration proceedings, or the arbitration commission may notify such party to participate. 　　Article 23: The parties shall, within six months from the date when they become aware or should have become aware that their rights have been infringed, submit an application for arbitration in writing to the arbitration commission. 　　If the party exceeds the time limit for applying for arbitration specified in the preceding paragraph due to force majeure or other legitimate reasons, the arbitration commission shall accept the application. 　　Article 24: When applying to an arbitration commission for arbitration, the parties shall submit a petition, along with copies corresponding to the number of respondents. The complaint shall specify the following details: (1) the name, occupation, address, and employer of the employee complainant ； The name, address of the enterprise, as well as the name and position of the legal representative ； 　　(II) Arbitration claims and the facts and reasons on which they are based ； 　　(III) Evidence, names, and addresses of witnesses. 　　Article 25 The arbitration commission shall make a decision on whether to accept or reject the complaint within seven days from the date of receipt of the complaint. If the arbitration committee decides to accept the case, it shall serve a copy of the complaint on the respondent within seven days from the date of making the decision, and form an arbitration tribunal ； If it is decided not to accept the case, the reasons shall be stated. 　　The respondent shall submit a defense and relevant evidence within fifteen days from the date of receipt of a copy of the complaint. If the defendant fails to submit or does not submit a defense statement on time, it shall not affect the trial of the case. 　　The arbitration committee has the right to require the parties to provide or supplement evidence. 　　Article 26 The arbitration tribunal shall serve the parties with a written notice of the time and place of the hearing four days prior to its commencement. If the party receives a written notice and refuses to appear in court without proper reason, or leaves the court midway without the consent of the arbitration tribunal, the claimant’s case shall be treated as withdrawn, and a decision may be rendered in favor of the respondent. 　　Article 27: The arbitration tribunal shall first attempt mediation in handling labor disputes, and strive to enable the two parties to reach an agreement voluntarily on the basis of ascertaining the facts. The terms of the agreement shall not violate laws and regulations. 　　Article 28: Where an agreement is reached through mediation, the arbitration tribunal shall prepare a mediation statement based on the contents of the agreement, and the mediation statement shall have legal effect as of the date it is delivered. 　　If no agreement is reached through mediation, or if the parties withdraw their consent before the mediation award is delivered, the arbitration tribunal shall render a decision promptly. 　　Article 29: In rendering judgments on labor dispute cases, the arbitration tribunal shall follow the principle of the majority ruling. Dissenting opinions must be recorded truthfully. 　　After rendering its award, the arbitral tribunal shall prepare an award document and deliver it to both parties. 　　Article 30: If a party is dissatisfied with the arbitration award, it may file a lawsuit with the people’s court within fifteen days from the date of receipt of the award ； If no prosecution is initiated upon the expiration of the period, the ruling shall take legal effect. 　　Article 31: The parties shall fulfill the legally effective mediation agreements and arbitral awards within the prescribed time limits. If one party fails to fulfill its obligations within the prescribed time, the other party may apply to the people’s court for compulsory enforcement. 　　Article 32: The arbitration tribunal shall conclude the handling of labor disputes within sixty days as of the date it is formed. If the case is complex and a delay is required, it may be extended appropriately with the approval of the arbitration committee, provided that the extended period does not exceed thirty days. 　　Article 33: When handling labor disputes, the arbitration committee shall have the right to consult relevant units regarding archives, materials, and other evidential documents related to the case, as well as the right to investigate those who are aware of the facts; relevant units and individuals shall not refuse such requests. 　　Arbitration commissions can entrust investigations to one another. 　　The arbitration committee and its staff shall keep confidential any secrets and personal privacy involved in the investigation of labor dispute cases. 　 　　Article 34: When parties to a labor dispute apply for arbitration, they shall pay the arbitration fees in accordance with **relevant regulations. 　　Arbitration fees include case acceptance fees and handling fees. The standards and methods for charging shall be stipulated by the labor administrative department of the State Council in conjunction with the financial administrative department and the price administrative department. 　　Article 35: Members of the arbitration committee or arbitrators shall withdraw if they fall under any of the following circumstances, and the parties have the right to request their withdrawal orally or in writing: (1) They are parties to a labor dispute or close relatives of such parties ； 　　(II) Those with an interest in labor disputes ； 　　(III) Having other relationships with the parties involved in the labor dispute that may affect an impartial arbitration. 　　Article 36 The arbitration commission shall make a decision on the application for recusal in a timely manner and notify the parties orally or in writing. Chapter 4 Penalties Article 37 If a party or any relevant person commits one of the following acts during the settlement of labor disputes, the arbitration commission may give them criticism and education or order them to make corrections ； In cases of serious circumstances, penalties shall be imposed in accordance with the relevant provisions of the Regulations of the People’s Republic of China on Penalties for Public Security Offenses ； If a crime is constituted, criminal liability shall be pursued in accordance with the law: (1) Interfering with mediation and arbitration proceedings, or obstructing arbitration officers from performing their duties ； 　　(II) Providing false information ； 　　(III) Refusing to provide relevant documents, materials, and other supporting evidence ； 　　(IV) Retaliating against arbitration staff, parties to the arbitration, witnesses, or persons assisting in the enforcement. 　　Article 38: Arbitration officers handling labor disputes who engage in malpractice for personal gain, accept bribes, abuse their powers, or disclose secrets and personal privacy shall be subject to administrative sanctions by their employer or superior authorities; if they are arbitrators, the arbitration commission shall dismiss them from their position ； If a crime is constituted, criminal liability shall be pursued in accordance with the law. Chapter V Supplementary Provisions Article 39 **Labor disputes arising between government agencies, public institutions, social organizations and their workers, as well as between individual industrial and commercial households and their helpers or apprentices, shall be governed by these regulations. 　　Article 40: The organizational rules and case-handling rules of the arbitration commission shall be formulated by the *** labor administrative department in conjunction with other relevant departments. 　　Article 41: The people’s **s of provinces, autonomous regions, and municipalities directly under the Central Government may formulate implementation measures in accordance with these regulations. 　　Article 42: These Regulations shall be interpreted by the labor administrative department of the State Council. 　　Article 43 These Regulations shall come into force as of August 1, 1993. The Interim Provisions on the Handling of Labor Disputes in State-owned Enterprises issued by the State Council on July 31, 1987, were simultaneously repealed.

Formulate the handling procedures for your own enterprise in accordance with the Labor Law, the Regulations on the Resolution of Labor Disputes in Enterprises, and the Labor Contract Law. Chapter 10 of the Labor Law: Labor Disputes Article 77: When a labor dispute arises between an employer and an employee, the parties may apply for mediation, arbitration, or file a lawsuit in accordance with the law, or they may resolve the dispute through negotiation. 　　The principle of mediation applies to arbitration and litigation proceedings. 　　 Article 78: In resolving labor disputes, the legitimate rights and interests of the parties involved shall be protected in accordance with the law, in line with the principles of legality, fairness, and timely handling. 　　 Article 79: After a labor dispute arises, the parties may apply to the labor dispute mediation committee of their respective units for mediation ； If mediation fails and one of the parties wishes to pursue arbitration, they may apply to the labor dispute arbitration committee for arbitration. One of the parties may also apply for arbitration directly to the labor dispute arbitration committee. If one is dissatisfied with the arbitration award, they may file a lawsuit in the people’s court. Notice of Case Acceptance by the Labor Dispute Arbitration Commission Article 80: A labor dispute mediation committee may be established within an employer. The labor dispute mediation committee is composed of employee representatives, employer representatives, and union representatives. The chairman of the labor dispute mediation committee is held by a union representative. 　　If an agreement is reached through mediation in a labor dispute, the parties shall fulfill it. 　　 Article 81: The labor dispute arbitration committee shall be composed of representatives from the labor administration department, representatives from trade unions at the same level, and representatives from the employers. The chairman of the labor dispute arbitration committee is held by a representative from the labor administration department. 　　 Article 82: The party initiating the arbitration request shall submit a written application to the labor dispute arbitration committee within sixty days as of the date the labor dispute arose. An arbitration award shall generally be rendered within sixty days of receiving the arbitration application. If there are no objections to the arbitration award, the parties must comply with it. 　　 Article 83: If a party to a labor dispute is dissatisfied with the arbitration award, they may file a lawsuit with the people’s court within fifteen days from the date of receipt of the arbitration award. If one party fails to file a lawsuit within the statutory time limit nor complies with the arbitration award, the other party may apply to the people’s court for compulsory enforcement. 　　Article 84: In case of a dispute arising from the conclusion of a collective contract, and if the parties fail to resolve it through negotiation, the local people’s **labor administrative department may organize the relevant parties to handle it through coordination. 　　In case of disputes arising from the implementation of a collective contract, and if the parties fail to resolve them through negotiation, they may apply for arbitration to the labor dispute arbitration committee ； If one is dissatisfied with the arbitration award, they may file a lawsuit with the people’s court within fifteen days from the date of receipt of the arbitration award.