How long will the other party applying for labor arbitration receive the notice?

Generally, the other party will be notified within five days of filing a labor arbitration case. The arbitration request may not be changed after the labor arbitration hearing, and the applicant may supplement or change the arbitration request before the expiration of the time limit for adducing evidence. The withdrawal of labor arbitration must be applied to the arbitration tribunal in written or oral form.

First, how long will it take to notify the other party of the filing of labor arbitration?

The labor arbitration case will be notified to the other party within five days. According to Article 30 of People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law, after accepting the arbitration application, the labor dispute arbitration committee shall deliver a copy of the arbitration application to the respondent within five days. After receiving a copy of the arbitration application, the respondent shall submit a written reply to the labor dispute arbitration committee within ten days. After receiving the defense, the labor dispute arbitration commission shall deliver a copy of the defense to the applicant within five days. The failure of the respondent to submit the written defense shall not affect the arbitration proceedings. Labor arbitration filing process is as follows:

1. The labor dispute arbitration committee hears the arbitration application and decides whether to accept it;

2. Send a copy of the arbitration application to the respondent within five days after accepting the arbitration application;

3. The respondent submits the defense to the labor dispute arbitration committee.

2. Can I change the arbitration request after the labor arbitration hearing?

After the labor arbitration hearing, the arbitration request cannot be changed, and the arbitration request can only be added or changed before the expiration of the time limit for adducing evidence. If the request for arbitration is increased or changed after the expiration of the time limit for adducing evidence, it shall apply for arbitration separately.

Reminder: According to Article 44 of the Arbitration Rules for Labor and Personnel Disputes, the applicant may make an increase or change in the arbitration request before the expiration of the time limit for adducing evidence; If the arbitration tribunal considers that the arbitration request added or changed by the applicant should be accepted after examination, it shall notify the respondent and give a time limit for reply, unless the respondent explicitly waives the time limit for reply. If the applicant proposes to increase or change the arbitration request after the expiration of the time limit for adducing evidence, it shall apply for arbitration separately.

Third, how to withdraw the lawsuit in labor arbitration

The withdrawal of labor arbitration must be applied to the arbitration tribunal in written or oral form, and the application must be made by the complainant before the arbitration tribunal makes a ruling, and the purpose of withdrawal must be stated.

Legal basis: According to Article 36 of People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law.

If the applicant refuses to appear in court without justifiable reasons after receiving the written notice or withdraws from court without the consent of the arbitration tribunal, it may be regarded as withdrawing the arbitration application. If the respondent has been notified in writing and refuses to appear in court without justifiable reasons or withdraws from the court without the consent of the arbitration tribunal, it may make an award by default.

Article 41 After applying for labor dispute arbitration, the parties may resolve the dispute by themselves. If a settlement agreement is reached, the arbitration application may be withdrawn.