Asynchronous hearing procedure of labor arbitration in Guangzhou

The process of labor arbitration in Guangzhou is that the parties prepare the materials and submit the arbitration application to the arbitration institution. An arbitration institution that meets the scope of accepting cases shall notify the time and place of the hearing five days before the hearing, and the arbitration institution shall conduct mediation after the hearing. The arbitration tribunal that does not accept mediation will make an award in time, usually within 45 days.

1. What is the labor arbitration process in Guangzhou?

1. Submission of application: When a party applies for arbitration, it shall submit an application for arbitration and submit copies according to the number of respondents.

2. The Arbitration Commission shall make a decision of acceptance or rejection within five days from the date of receiving the application for arbitration. If the arbitration commission decides to accept the case, it shall serve a copy of the complaint on the respondent within five days from the date of making the decision. If it decides not to accept it, it shall explain the reasons.

3. Hearing: The arbitration tribunal shall notify both parties in writing of the date and place of the hearing five days before the hearing. If the applicant refuses to appear in court without justifiable reasons or withdraws from court halfway without the consent of the arbitration tribunal, the case shall be dismissed, and the respondent may make an award by default.

4. Arbitration and mediation: When handling labor disputes, the arbitration tribunal should mediate first, and on the basis of finding out the facts, urge both parties to reach an agreement voluntarily. If an agreement is reached through mediation, the arbitration tribunal shall make a conciliation statement according to the contents of the agreement, and the conciliation statement shall take legal effect from the date of service; If the mediation fails to reach an agreement, the arbitration tribunal shall make an award in time.

5. Arbitration award: The arbitration tribunal shall make a ruling on the labor dispute case within 45 days from the date when the labor arbitration committee accepts the arbitration application. If the case is complicated and needs to be postponed, it may be postponed upon approval, and the parties concerned shall be notified in writing, and the extension period shall not exceed fifteen days. After the arbitration tribunal makes an award, it shall make an arbitration award and serve it on both parties. If a party refuses to accept the arbitration award, it may bring a suit in a people's court within 15 days from the date of receiving the award; If no prosecution is brought at the expiration of the time limit, the ruling will take legal effect.

2. What materials are needed for labor arbitration?

1. The application is made in triplicate, two copies are submitted to the Arbitration Commission, and the applicant keeps one copy. In addition to the basic information of the laborer, the application form shall also specify the specific application request and the facts and reasons on which the application is based.

2. identification. If the applicant is a worker, he should bring his identity certificate and submit a copy. If there is an entrusted agent, he should also submit a power of attorney and the identity certificate of the entrusted agent. If the applicant is an employer, it shall bring and submit a copy of the business license of the employer, as well as the identity certificate of the legal representative of the employer, the power of attorney and the identity certificate of the entrusted agent.

3. Proof of labor relations. Such as labor contract, certificate of dissolution or termination of labor contract, certificate of salary payment, certificate of social insurance payment, work permit, pass and other materials and corresponding copies.

4. The identity certificate of the respondent. When the applicant applies for labor arbitration, if the arbitration commission requires the applicant to submit relevant materials that can prove the identity of the respondent according to the needs of filing a case for examination, the applicant shall submit them as far as possible.

The process of labor arbitration is the same whether in Guangzhou or other provinces in China. After submitting the evidence and arbitration application to the arbitration institution, the laborer may wait for the notice of the arbitration institution. Even if the case is not filed, the parties will be informed in writing of the reasons for not filing the case.