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How long will the parties be notified after the labor arbitration case is filed?
Generally, the labor dispute arbitration commission shall accept the application if it considers that it meets the acceptance conditions within five days from the date of receiving the application for arbitration. After accepting the application for arbitration, the labor dispute arbitration commission shall deliver a copy of the application for arbitration to the respondent within five days. Labor arbitration shall go through the following acceptance procedures: application. First of all, the complainant shall submit a written application to the labor dispute arbitration committee within 60 days from the date of infringement of his rights. The parties concerned shall fill in the Complaint Form provided by the Arbitration Commission in duplicate, and attach the labor contract, copy of ID card and relevant evidential materials; If the complainant is an employer, a copy of a valid business license should be attached. If the above materials are photocopies, they shall be checked with the originals. Accept. The Arbitration Commission shall, within 7 days from the date when the parties submit the complaint that meets the conditions for filing the case, make a decision on whether to accept it or not, and notify the parties within 7 days from the date of making the decision. Entrust. The parties may entrust no more than two lawyers or other people as agents to participate in arbitration activities; To entrust others to participate in arbitration activities, a power of attorney signed or sealed by the client must be submitted to the arbitration commission, and the power of attorney shall specify the entrusted matters and authority. Provide evidence. Labor dispute cases are generally provided by the complainant; If a labor dispute arises because the employer should make decisions such as dismissal, dismissal, dismissal, dissolution of the labor contract, reduction of labor remuneration, and calculation of the working years of workers, the employer shall be responsible for providing evidence. Trial. Both parties shall arrive at the designated place to attend the trial at the time designated by the arbitration tribunal. If the complainant does not appear in court without justifiable reasons, the complaint shall be rejected; If the defendant fails to appear in court without justifiable reasons, the arbitration tribunal may try and make an award by default. Mediation. Arbitrators should mediate in the trial of labor dispute cases first. If both parties reach an agreement, 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. Ruling. Before the conciliation statement is served, if the conciliation fails to reach an agreement or the parties go back on their words, the arbitration tribunal shall make an award in time. If the party refuses to accept the decision, it may bring a lawsuit to the people's court with jurisdiction within 15 days from the date of receiving the award; If no prosecution is initiated at the expiration of the time limit, the ruling will take legal effect. Case closed. When handling labor disputes, the arbitration tribunal generally closes the case within 60 days from the date of the formation of the arbitration tribunal; If the case is complicated, it may be extended to 30 days upon approval.
legal ground
Article 30 of the Labor Dispute Mediation and Arbitration Law
After accepting the application for arbitration, the labor dispute arbitration commission shall deliver a copy of the application for arbitration 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.
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