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How long will it take for the other party to be informed of the filing of a labor arbitration case?
1. How long will it take to notify the other party after the labor arbitration case is filed?
1. The defendant will be notified five days after applying for labor arbitration. If it is considered that the conditions for acceptance are met, it shall accept the application and the applicant shall be notified; if it is deemed that the conditions for acceptance are not met, the applicant shall be notified in writing of rejection and the reasons shall be explained. If the labor dispute arbitration committee refuses to accept the case or fails to make a decision within the time limit, the applicant may file a lawsuit with the People's Court regarding the labor dispute.
2. Legal basis: Article 43 of the "Labor Dispute Mediation and Arbitration Law"
The arbitration tribunal shall rule on labor dispute cases from the date the labor dispute arbitration committee accepts the arbitration application. End within forty-five days. If the case is complicated and requires an extension, it may be extended with the approval of the director of the Labor Dispute Arbitration Committee and the parties shall be notified in writing, but the extension period shall not exceed fifteen days. If an arbitration award is not made within the time limit, the parties may file a lawsuit with the People's Court regarding the labor dispute.
When the arbitral tribunal adjudicates a labor dispute case, some of the facts are already clear and it can rule on that part first.
Article 44
In cases involving recovery of labor remuneration, medical expenses for work-related injuries, economic compensation or damages, upon the application of the parties, the arbitral tribunal may make the ruling first, Transfer it to the People's Court for execution.
If the arbitral tribunal’s award is to be executed first, the following conditions must be met:
(1) The rights and obligations between the parties are clear;
(2) No prior execution is required. Execution will seriously affect the applicant's life.
If the employee applies for advance execution, he does not need to provide a guarantee.
II. Labor Arbitration Process
The labor arbitration process is as follows:
1. Application;
2. Acceptance;
3. Court hearing;
4. Mediation;
5. Ruling. The statute of limitations for applying for arbitration of labor disputes is one year. The arbitration limitation period is calculated from the date when the parties knew or should have known that their rights had been infringed. The statute of limitations for arbitration specified in the preceding paragraph is interrupted because one party asserts rights against the other party, or requests rights relief from the relevant department, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period shall be recalculated.
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