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What is the use of the notice of acceptance of labor arbitration?
1. What does it mean to receive the notice of acceptance of labor arbitration?
Article 29 of the Labor Dispute Mediation and Arbitration Law stipulates that if the Labor Dispute Arbitration Committee considers that it meets the acceptance conditions within five days from the date of receiving the arbitration application, it shall accept it and notify the applicant; If it does not meet the acceptance conditions, it shall notify the applicant in writing that it will not be accepted and explain the reasons. If the labor dispute arbitration commission refuses to accept or fails to make a decision within the time limit, the applicant may bring a lawsuit to the people's court on the labor dispute.
2. What's the difference between labor arbitration and general economic dispute arbitration?
Application procedure
Arbitration of general economic disputes requires both parties to reach an arbitration agreement in advance or afterwards before applying to an arbitration institution for arbitration; Labor dispute arbitration does not require the parties to reach an arbitration agreement in advance or afterwards. As long as one party applies, the relevant arbitration institution can accept it.
organization structure
arbitration law
Arbitration institutions stipulated in the Regulations are mainly established in municipalities directly under the central government, provincial capital cities and other cities divided into districts according to needs; The establishment of labor dispute arbitration institutions is mainly in cities and counties of provinces and autonomous regions, or districts and counties of municipalities directly under the central government.
Validity of award
The arbitration of general economic disputes adopts the system of "one award is final", that is, after the arbitration award is made, if the parties apply for arbitration or bring a lawsuit to the people's court on the same dispute, the arbitration commission or the people's court will not accept it; After the arbitration of a labor dispute, the party concerned refuses to accept the award, except as stipulated in the Labor Dispute Mediation and Arbitration Law.
"Several special labor disputes, can bring a lawsuit to the people's court. It can be seen that the award of labor disputes is generally not final, and the arbitration procedure is stipulated by law, mainly considering that the handling of such disputes is professional, and it is best to be handled by some people familiar with this business, which is conducive to solving disputes quickly and efficiently, and at the same time, it also reduces the litigation pressure of the court to a certain extent and saves trial resources.
If a party applies for labor dispute arbitration, it shall apply to the corresponding arbitration commission for arbitration in accordance with the provisions of hierarchical jurisdiction and regional jurisdiction. The main body of labor arbitration is the labor dispute arbitration committee. Labor dispute cases must be submitted to arbitration before they can be accepted by the labor dispute arbitration commission, and the arbitration department does not take the initiative to intervene. Arbitration is the pre-procedure of litigation.
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