Code paraphrase | What application is arbitral appoint do not grant to accept?

Xiaoli gets hurt when the job, but its are in a company not to wish to apply for inductrial injury to maintain for him. He hears it is OK to arbitrate through application thought fors the time being, arbitrate to controversy of labor personnel matters then appoint mention arbitral application, the requirement is arbitral appoint adjudication company applies for inductrial injury to maintain for him. Cannot think of, the arbitration was received however after a few days appoint do not grant to accept advice note. He very feel puzzled, why is oneself request arbitral appoint Where is reject a complaint?

According to " arbitration of controversy of labor personnel matters handles a case regular " the 2nd with thirtieth regulation, arbitral committee hears case of 6 kinds of big controversy. The case that does not belong to afore-mentioned categories arbitrates committee has no right to accept.

" arbitration of controversy of labor personnel matters handles a case regular " thirtieth sets, regular to be not being accorded with thirtieth (one) (2) (3) one of regulations arbitral application, arbitral committee does not grant to accept, remove indrawn applicant 5 days to issue in the day that gets arbitral application do not grant to accept advice note; Regular to be not being accorded with thirtieth (4) arbitral application of the regulation, arbitral committee ought to be in since the day that gets arbitral application inside 5 days, make written specification to the applicant and tell an applicant to jurisdictional arbitral committee applies for the arbitration. Decide to arbitrating committee exceed the time limit was not made or decide not to grant to accept, the applicant can contend for discuss official business with respect to this to people court to lodge a complaint.

According to this regulation, arbitral committee member accepts conditional item-by-item to examine according to 4 to the arbitral application of party, cent does not undertake differring handling with case, at the same time this still provided the relief way of party.

Do not grant to accept

In practice, be not what all controversy all belong to arbitral committee to accept limits, arbitral committee ought to according to " handle a case regular " thirtieth the arbitral application that provides pair of party undertakes checkup, to according with those who accept a condition, ought to give accept, do not refuse so that give with other excuse; Do not accord with those who accept a condition, ought to divide different situation to give different processing:

It is not to belong to controversy to accept limits, without what make clear the arbitration requests and factual reason, applicant perhaps does not have direct interests with this case clear by the applicant, arbitral committee wants to be issued with written form do not grant to accept advice note. Request without clear arbitration, can undertake Shi Ming to party and ask to make good omissions, after making good omissions still ambiguous, do not grant to accept.

2 it is not to accord with what set administer, arbitral committee ought to tell an applicant through written form to jurisdictional arbitral committee mentions separately arbitral application.

3 be not to grant to accept processing, arbitral committee ought to be in legal deadline inside 5 days, the day that gets arbitral application namely rises 5 days inside, written tell an applicant to jurisdictional arbitral committee applies for the arbitration.

What ought to point out is, arbitral committee applies for to undertake checkup in the arbitration to party when, ought to be the checkup of formally only, the checkup of materiality of and rather than. For instance, the applicant puts forward to arbitrate application asks to affirm with some company existence labor concerns, what need examines here is " some company " be clear existence, and rather than is examined " some company " the unit of choose and employ persons that establishs working relationship with the applicant namely, cannot examine an opinion to replace careful of front courtyard of arbitral front courtyard with put on record, reject put on record to accept thereby.

Those who need an attention is, if just do not belong to this arbitral committee administer the arbitral application inside limits, arbitral committee ought not to issue to the applicant do not grant to accept advice note, however ought to written specification circumstance informs his to jurisdictional arbitral committee applies for the arbitration.

Time limit reachs relief way

No matter be to issue,issue written specification, arbitrate committee all ought to be made inside 5 days. Decide to arbitrating committee exceed the time limit was not made or decide not to grant to accept, the applicant is OK to people court to lodge a complaint. Party adjudicates on because of arbitrating committee exceed the time limit did not make the arbitration and to people court to lodge a complaint and people court put on record accepts, people court should seasonable this case accept a circumstance to tell arbitral committee, arbitral committee should decide this case stops cognizance in time.

In practice, do not eliminate arbitral committee to was not issued inside time limit do not grant to accept advice note written perhaps specification, court of the people after the applicant was not sued to people court or be being sued with the case without granting to accept for processing of order of the buy before the arbitration, arbitrate committee still ought to be handled to should applying for proceed.

Law link

" labor dispute mediates arbitral law " the 29th, the 43rd.