Beijing Labor Arbitration Process
Eligibility
Employees who have established a labor relationship with their employers within the Beijing municipality. The labor dispute must fall within the scope of the Labor Contract Law, Labor Dispute Mediation and Arbitration Law, and other relevant laws and regulations.
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Procedure
1. Mediation
Before filing for arbitration, employees must first engage in mediation with their employers. The Beijing Municipal Labor Dispute Mediation Center can assist in facilitating mediation.
2. Application for Arbitration
If mediation fails, employees can file an application for arbitration with the Beijing Labor Arbitration Commission (PLAC). The application must be submitted within 60 days from the date when the employee knew or should have known of the alleged violation of their rights.
Required Documents
Application form (available from the PLAC website) Proof of identity (e.g., ID card, passport) Evidence supporting the applicant's claims (e.g., employment contract, pay slips, witness statements) Payment of arbitration fee (typically a percentage of the claimed amount)
Arbitration Process
The PLAC will schedule a hearing and notify both parties. The arbitration panel will hear arguments from both sides and examine the evidence presented. The panel will issue an arbitration award within a specified timeframe.
Arbitration Award
The arbitration award is legally binding on both parties. The award may order the employer to: Pay outstanding wages Reinstate the employee Compensate for damages The award may also dismiss the employee's claims.
Enforcement
If the employer fails to comply with the arbitration award within the prescribed timeframe, the employee can apply to the court for enforcement. The court can issue a writ of execution to enforce the award.
Statute of Limitations
The statute of limitations for filing for arbitration is one year from the date when the alleged violation of the employee's rights occurred. However, certain exceptions may apply, such as cases of fraud or concealment.
Conclusion
The labor arbitration process in Beijing provides a fair and efficient means for employees to resolve labor disputes. By following the prescribed procedures and providing sufficient evidence, employees can seek redress for violations of their legal rights.