Law on Mediation and Arbitration of Labor(2007)

Order of the President of the People's Republic of China No.80

(Adopted at the 31st Session of the Standing Committee of the 10th National People's Congress on December 29, 2007)
Chapter I: General Provisions  

Chapter II: Mediation  

Chapter III: Arbitration  

Section 1 General Provisions  

Section 2 Application and Acceptance  

Section 3 Hearing and Award  

Chapter IV: Supplementary Provisions  

Chapter I: General Provisions  

Article 1 The Law is formulated in order to fairly and timely resolve labor disputes, protect the lawful rights and interests of the parties and promote harmonious and stable labor relations.  

Article 2 The Law shall apply to the following labor disputes between employing units and laborers within the territory of the People's Republic of China:  

1. disputes arising from the confirmation of labor relations;  

2. disputes arising from the conclusion, performance, alteration and termination of labor contracts;  

3. disputes arising from name removal, dismissal, resignation or vacation of office;  

4. disputes arising from working hours, rest days and leave days, social insurance, fringe benefits, training and labor protection;  

5. disputes arising from labor remunerations, work injury medical expenses, economic compensation or damages; or 

6. other labor disputes prescribed by laws and regulations.  

Article 3 The resolution of labor disputes shall be based on facts and follow the principles of lawfulness, fairness, timeliness and mediation-oriented to protect the lawful rights and interests of the parties.  

Article 4 Where a labor dispute arises, a laborer may have a consultation with the employing unit or request the labor union or a third party to have a consultation with the employing unit in order to reach a settlement agreement.  

Article 5 Where a labor dispute arises, the parties are not willing to have a consultation, the consultation fails or the settlement agreement is reached but not performed, an application for mediation may be made to an mediation institute. Where the parties are not willing to mediate, the mediation fails or the mediation agreement is reached but not performed, an application for arbitration may be made to the labor dispute arbitration commission. Where there is objection to the arbitral award, litigation may be initiated to a people's court unless otherwise specified herein.  

Article 6 Where a labor dispute arises, the parties have the responsibility to give evidence for their own claim. Where the evidence relevant to the dispute matter is handled and managed by the employing unit, the employing unit shall give such evidence. Where the employing unit does not give evidence, it shall assume any unfavorable consequences.  

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  Source: ACFTU  2007-12-29

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