Labor inspection and labor arbitration

Labor supervision is to investigate and deal with illegal acts of employers, and labor arbitration is a judicial remedy after labor disputes between the two sides. The law enforcement subject of labor inspection is the labor administrative department, and the law enforcement activities of its law enforcement organs are to implement administrative law enforcement on behalf of the labor administrative organs; The law enforcement subject of labor arbitration is the labor dispute arbitration commission, a special institution established according to the national labor legislation. Labor supervision belongs to administrative law enforcement, which is a specific administrative act in which the labor administrative department plays the role of labor supervision; However, labor arbitration is a quasi-judicial activity, and the award made belongs to the arbitration institution authorized by the state and is binding on both sides of labor relations.

Legal basis:

People's Republic of China (PRC) labor dispute mediation and arbitration law

Article 2 This Law shall apply to the following labor disputes between employers and employees in People's Republic of China (PRC):

(1) Disputes arising from the confirmation of labor relations;

(2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts;

(3) Disputes arising from delisting, dismissal, resignation or resignation;

(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;

(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;

(six) other labor disputes as prescribed by laws and regulations.

Twenty-first labor dispute arbitration committee is responsible for the jurisdiction of labor disputes.

Labor disputes shall be under the jurisdiction of the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located. Where both parties apply for arbitration to the labor dispute arbitration committee in the place where the labor contract is performed and the place where the employer is located, it shall be under the jurisdiction of the labor dispute arbitration committee in the place where the labor contract is performed.

Paragraph 1 of Article 27: The limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed.