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In what way is the notice of labor arbitration hearing issued?
According to the current regulations, the arbitration tribunal shall deliver a written notice of the time and place of the hearing to the parties four days before the hearing. The Labor Dispute Mediation and Arbitration Law adjusts this provision to the effect that the arbitration tribunal shall notify both parties in writing of the date and place of the hearing five days before the hearing. If the parties have justified reasons, they may request an extension of the hearing three days before the hearing. Whether to postpone or not shall be decided by the labor dispute arbitration commission. At the same time, it is also stipulated that if the applicant receives a written notice and refuses to appear in court without justifiable reasons or withdraws from court without the consent of the arbitration tribunal, it can be regarded as withdrawing the arbitration application. If the respondent receives a written notice and refuses to appear in court without justifiable reasons or withdraws from court without the consent of the arbitration tribunal, it may make an award by default. When the arbitration tribunal holds a hearing, it can choose the following procedures according to the case: 1. The clerk will find out whether the parties, agents and relevant personnel are present in court and announce the discipline of the arbitration tribunal; 2. The arbitrator announces the court session, announces the list of arbitrators and clerks, informs the parties of their rights and obligations of complaint and defense, and asks whether the parties apply for withdrawal and announces the cause of action; 3, listen to the complainant's complaint and the defendant's defense; 4. The arbitrator will investigate the issues that need further understanding in court by way of inquiry, and ask the final opinion of the other party; 5. According to the opinions of the parties, mediation will be conducted in court; 6. If mediation is not appropriate or no agreement can be reached through mediation, the court shall adjourn in time and make a ruling; 7. The arbitral tribunal reconvenes and announces the arbitral award; 8. The arbitration tribunal shall announce an extension of the award for difficult cases that are difficult for the arbitration tribunal to reach a conclusion or need to be submitted to the labor dispute arbitration committee for decision. Legal objectivity:
Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 35 The arbitration tribunal shall notify both parties of the date and place of the hearing in writing five days before the hearing. If the parties have justified reasons, they may request an extension of the hearing three days before the hearing. Whether to postpone or not shall be decided by the labor dispute arbitration commission. Article 38 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, the parties have the right to conduct cross-examination and debate in the arbitration process. At the end of the cross-examination and debate, the presiding arbitrator or the sole arbitrator shall consult the final opinions of the parties. Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 42 The arbitration tribunal shall conduct mediation before making an award. If an agreement is reached through mediation, the arbitration tribunal shall make a conciliation statement. The conciliation statement shall specify the arbitration request and the result of the agreement between the parties. The conciliation statement shall be signed by the arbitrator, stamped with the seal of the Labor Dispute Arbitration Commission and served on both parties. The conciliation statement shall take legal effect after it is signed by both parties. If mediation fails or one party goes back on his word before the mediation is served, the arbitration tribunal shall make an award in time.
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