Employment & Labor

The resolution of labor disputes is governed mainly by the China Labor Law and the Dispute Regulations.As shenzhen employment lawyer, Guangzhou employment lawyer, Dongguan employment lawyer, we have extensive experience in handling labor dispute resolution cases in South China.

Labor disputes may be settled using one or more of the following procedures:

• Consultation
• Mediation
• Arbitration
• Court proceedings

Parties to a dispute normally are expected to consult with each other to try to resolve their differences, but consultation is not a legal requirement under the
Labor Law. If an employment contract provides for consultation, it is advisable to limit the consultation period.

Mediation is handled internally within an enterprise. It is a voluntary process, but, if successful, the parties must honor the mediation agreement. A mediation committee must be composed of representatives from among employees, the enterprise and the enterprise’s labor union (if any). A representative of the labor union must act as the chairperson of the mediation committee.

If mediation is not undertaken or fails, either party may initiate labor arbitration proceedings. (Mediation is deemed failed if not completed within 30 days from the date of application for mediation.) Labor dispute arbitration committees are 22 established at the local (county or municipal) level, and in a particular case an arbitration tribunal, usually composed of three arbitrators, is formed. However, simple cases may be handled by a single arbitrator.
Preliminary matters such as jurisdiction, statute of limitations, and evidentiary sufficiency must be decided by the tribunal.

Parties can appoint lawyers to represent them in hearings. At the beginning of formal arbitration hearings, the panel of arbitrators must attempt to settle the
dispute. If the parties agree to settle the dispute, the arbitration tribunal must prepare a settlement agreement.This agreement shall be legally effective from the date on which it is served.

If the attempt to settle fails or one of the parties challenges the settlement before it has been served with the settlement agreement, the arbitration tribunal must proceed with the arbitration hearing. An arbitration award must be made within 60 days from the date of receipt of the application. An extension of up to 30 days may be granted for more complicated cases.

If a party is dissatisfied with the award, it may bring a lawsuit to a People’s Court within 15 days from the date of receipt of the written arbitral award. A People’s Court may refuse to recognize an award on broad.

As a leading shenzhen law firm in China, we also have Zhuhai employment lawyer, Foshan employment lawyer for your service.

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