Code paraphrase | Controversy of labor personnel matters is arbitral: "Do not grant to accept " ce

Ask: "Does be related manage no longer " principle and " is dissatisfaction sufficient accept a condition not to grant to accept " does the principle have why to differ?

Answer: Basis " arbitration of controversy of labor personnel matters handles a case regular " thirtieth 4 with thirtieth one, both the distinction with also have definite correlation certain already.

" arbitration of controversy of labor personnel matters handles a case regular "

Thirtieth sets 4 times

Accord with one of following scenario, the applicant is based on same fact, reason and arbitral request to apply for the arbitration again, arbitral committee does not grant to accept: (one) arbitral committee had issued what do not grant to accept advice note lawfully; (2) the case perhaps already mediated book, adjudication book, judgment to had produced legal effectiveness in process of arbitral, lawsuit.

Thirtieth sets

Regular to according with this 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 according with this 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.

These two all are the regulation that does not grant to accept to the case.

Both correlation depends on

Two kinds of afore-mentioned case that do not grant to accept, if arbitrate committee fails to examine discovery and give in phase of put on record,accept, it is before case careful knot, all ought to make cancel handle to the case.

Both distinction depends on

What thirtieth sets is not to satisfy what accept a condition and issue not to grant to accept, and thirtieth is 4 to be included already already a regulation gives according to thirtieth a case that do not grant to accept advice note and does not grant to accept again, also include a case to had passed the case that essence is handled and does not grant to accept.

In addition, in two kinds of afore-mentioned case that do not grant to accept, whether ought to issue do not grant to accept advice note to differ somewhat.

According to " arbitration of controversy of labor personnel matters handles a case regular " thirtieth sets what ought to not grant to accept, arbitral committee ought to issue in applicant of introversion of legal time limit do not grant to accept advice note.

According to " arbitration of controversy of labor personnel matters handles a case regular " thirtieth sets what do not grant to accept 4 times, this did not make clear a regulation to whether ought to be issued do not grant to accept advice note. In practice, arbitral committee is unfavorable issue do not grant to accept advice note, prime cause is as follows:

It is a case had issued do not grant to accepted advice note to perhaps pass arbitral committee or processing of people court materiality, issue again do not grant to accept advice note apparent be bad law is logistic.

2 it is to issue do not grant to accept advice note to be able to cause a the opposing party to appeal to tired, create judicatory resources waste. In thirtieth the case of 4 regulations falls, arbitral committee issue after granting to accept advice note, the applicant can not grant to accept advice note to apply for put on record to people court by right of this. Put on record is adopted to register forensic case to fall in people court, may cause a the opposing party to appeal to tired, waste judicatory resource.

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