绿色安全网站
  • 文摘首页
  • 教学论文
  • 实用文档
  • 个人简历
  • 论文中心
  • 演讲范文
  • 英语学习
  • 党团社会
  • 职场技巧
  • 作文园地
  • 法律文书
  • 幼儿教育
  • 故事大王
  • 教育论文
  • 节日庆典
  • 高考频道
  • 法律英语
  • 涉外文书
  • 法律术语
  • 经典案例
  • 中华人民共和国企业劳动争议处理条例 REGULATIONS OF THE PEOPLES REPUBLIC OF CHINA ON SETTLEMENT OF LABOUR DISPUTES IN ENTERPRISES

    国务院第117号令
    (Adopted by the State Council at the 5th Executive Meeting on June 11, 1993 and promulgated by Decree No. 117 of the State Council of the People's Republic of China on July 6, 1993 and effective as of August 1, 1993)
    颁布日期:19930611  实施日期:19930801  颁布单位:国务院

      Chapter I General Provisions

      Article 1 The present Regulations are formulated to properly handle labour disputes in enterprises, protect the legitimate rights and interests of the enterprise and the workers and employees, maintain the order of normal production and management, develop sound labour relations, and promote the smooth progress of the reform and the implementation of the open policy.

      Article 2 The Regulations are applicable to the following labour disputes between the enterprise and the workers and employees within the territory of the People's Republic of China:

      (1) Disputes arising out of dismissal, discharge or lay-off of workers and employees by enterprises, or resignation by workers and employees or leaving their jobs of their own volition;

      (2) Disputes concerning implementation of relevant State regulations on wages, insurance, welfare, training and labour protection;

      (3) Disputes regarding execution of the labour contract;

      (4) Disputes that other laws and regulations stipulate should be handled with reference to these Regulations.

      Article 3 The enterprise and the worker(s) and employee(s) involved shall be the parties to a case of labour dispute.

      Article 4 Settlement of labour disputes shall observe the following principles:

      (1) Emphasis is given to mediation and prompt handling;

      (2) Labour disputes shall be dealt with in accordance with law on a fact-finding basis;

      (3) The parties involved are equal before applicable laws.

      Article 5 When there are more than three workers and employees in a labour dispute with the same grievances as one of the parties, the workers and employees involved shall nominate their representative to participate in the work of mediation and arbitration.

      Article 6 In case of a labour dispute, the parties shall first find solution through negotiations. If the parties are unwilling to go for negotiations or negotiations fail, the case may be referred to the labour dispute mediation committee of the enterprise in which the dispute has occurred; if mediation fails , the case may be referred to the labour dispute arbitration committee for arbitration. The parties may also petition directly to the labour dispute arbitration committee for arbitration. When one of the parties or both parties refuse to accept the arbitration award, he or they may bring a law suit before the people's court.

      In the course of handling a labour dispute, neither party shall take any action that may aggravate the dispute.

      Chapter II Mediation in Enterprises

      Article 7 An enterprise may set up a labour dispute mediation committee (hereinafter referred to as mediation committee) to be responsible for mediation of labour disputes within the enterprise. The mediation committee shall be composed of the following persons:

      (1) Representative(s) of workers and employee(s);

      (2) Representative(s) of the enterprise;

      (3) Representative(s) of the enterprise trade union.

      The workers' and employees' representative(s) shall be nominated by the congress of workers' and employees' representatives or the workers' and employees' congress, the enterprise representative(s) appointed by the enterprise director or manager, and the enterprise trade union representative(s) appointed by the enterprise trade union committee.

      The number of members to the mediation committee shall be determined through negotiations between workers' and employees' congress and the enterprise director or manager, at the proposal of the former. The number of

    enterprise representative(s) shall not exceed one third of the total.

      Article 8 The post of chairman of the mediation committee shall be taken up by a representative of the enterprise trade union.

      The mediation committee shall set up its office at the enterprise trade union committee.

      Article 9 In an enterprise without any trade union organization, the establishment and composition of the mediation committee shall be determined through negotiations between the workers' and employees' representatives and the enterprise representatives.

      Article 10 Disputes taken up by the mediation committee shall wind up within 30 days starting from the date of application by the parties; otherwise, mediation shall be considered unsuccessful.

      Article 11 The mediation committee shall observe the principle of voluntariness for both parties during mediation. Agreement reached through mediation shall be written in a mediation note for conscious execution by the two parties; if mediation fails, the case may be referred to the labour dispute arbitration committee by the parties for arbitration within a set time limit.

      Chapter III Arbitration

      Article 12 Counties, cities and city districts shall set up labour dispute arbitration committees (hereinafter referred to as arbitration committees)。

      Article 13 The arbitration committee shall be composed of the following persons:

      (1) Representatives of the department in charge of labour administration;

      (2) Representatives of the trade union council;

      (3) Representatives of the department of overall economic administration appointed by the government.

      The members to the arbitration committee must be in odd numbers, and the post of chairman is to be taken up by an official in charge of the department of labour administration.

      The office of the arbitration committee shall be located at the labour dispute settlement section of the department of labour administration, and be responsible for dealing with its day-to-day routine.

      The arbitration committee shall follow the principle of decision by a majority vote.

      Article 14 The system of arbitrators and arbitration tribunals shall be adopted by the arbitration committee in the settlement of labour disputes.

      Article 15 The arbitration committee may engage personnel from the department in charge of labour administration or from other relevant government departments, trade union officials, experts, scholars, and lawyers as full-time or part-time arbitrators.

      Part-time and full-time arbitrators shall enjoy equal rights in discharging their duties of arbitration.

      In executing their duties of arbitration, part-time arbitrators shall receive the support of their own work units.

      Article 16 In handling a labour dispute, the arbitration committee shall form an arbitration tribunal which shall be composed of three arbitrators.

      A simple labour dispute may be handled by a single arbitrator appointed by the arbitration committee.

      The arbitration tribunal may submit major or complicated labour dispute cases to the arbitration committee for deliberation and decision. The arbitration tribunal must implement the decisions of the arbitration committee.

      Article 17 The arbitration committees set up in counties, cities and city districts shall be in charge of handling labour disputes in their respective administrative areas.

      The scope of jurisdiction of the arbitration committees in cities with districts and in such districts in handling labour disputes shall be decided by the people's governments of the provinces and autonomous regions.

      Article 18 When the enterprise and the worker(s) or employee(s) involved in a dispute are not located in areas under the jurisdiction of the same arbitration committee, the dispute shall be handled by the arbitration commi

    ttee located at the place where the worker(s) or employee(s) in question has wage relations.

      Article 19 Any party may mandate one to two lawyers or other agents to act for him in arbitration. The party that mandates others to act for him in arbitration shall submit to the arbitration committee a Power of Attorney bearing his signature or seal. The Power of Attorney shall specify clearly the terms and powers of the mandate.

      Article 20 A worker with limited capacity to take part in civil cases or without such capacity, or a deceased worker, may be represented in arbitration proceedings by his legal representative. The arbitration committee may appoint an agent for a worker without a legal representative.

      Article 21 The two parties in dispute may reach a compromise on their own.

      Article 22 A third party whose personal interest will be affected by the outcome of the settlement of a labour dispute may file a petition to participate in the proceedings or may participate when so notified by the arbitration committee.

      Article 23 A party to a labour dispute should petition for arbitration to the arbitration committee in writing within 6 months from the date when he knows or should know that his rights have been infringed upon.

      The arbitration committee shall accept a petition when a party fails to observe the time limit stipulated in the aforesaid clause due to force majeure or other justifiable reasons.

      Article 24 When a party petitions for arbitration to the arbitration committee, the petition shall be submitted to the arbitration committee, and copies of the petition shall also be submitted in accordance with the number of respondents. The petition shall specify the following:

      (1) the name, occupation, addr

    [1] [2]  下一页

    相关文章
    热门文章
    [设为首页]  [加入收藏]                   RSS
    热门法律英语
    最新法律英语
    热门范文
    党团范文
    简历范文
    法律范文
    热门作文
    幼儿教育