What is labour arbitration?
Labour arbitration refers to the adjudication of labour disputes between employees and employers by the Labour Dispute Arbitration Commission. Labour dispute arbitration committees are set up in cities and counties by decision of the people’s governments of provinces and autonomous regions, and in districts and counties by decision of the people’s governments of municipalities directly under the Central Government. Municipalities directly under the central government and municipalities with districts may also set up one or labour dispute arbitration committees. Labour dispute arbitration committees are not set up at different levels according to administrative divisions. In simple terms, this means that in the event of a labour dispute between an employee and an employer that is resolved through coordination between them, the labour dispute arbitration committee established by the government is the platform for arbitration. Unlike private conciliation, once an award has been made and is in force if the other party does not comply, it can be enforced in court and the facts found in the award can be used as evidence to settle other disputes. In other words, if the employee and the employer cannot coordinate privately, then they will seek a solution from the government, and this kind of solution is required to give you a result, and will not be left unresolved.
Which disputes can be subject to labour arbitration
In simple terms, any dispute between the employee and the employer concerning money can be subject to labour arbitration, including whether there is a labour relationship between the employee and the employer, what money the employer should pay to the employee (including wages, employment injury insurance benefits, economic compensation, compensation, etc.), how much should be paid and when, whether it is illegal for the employer to dismiss the employee, whether the employee should pay the employer for leaving, what money the employer should pay the employee in addition to wages, etc.
An employment contract that provides information on the start, duration, position and salary of your formal employment relationship with the employer; is very important and must be verified from the contract and used later when writing a claim. The Arbitral Tribunal is unable to preserve the case and needs to go through the courts. The arbitral tribunal usually notifies the other party of the arbitration case after it has accepted the case. If the preservation is not completed at this point, the other party receives the notice and transfers the property, which is not conducive to subsequent enforcement.