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Arbitrators of the Labor Arbitration Commission are obviously partial to enterprises. As a laborer, what should I do?
According to the provisions of Article 49 of the Labor Dispute Mediation and Arbitration Law of People's Republic of China (PRC), if the employer has evidence to prove that the arbitration award stipulated in Article 47 of this Law has any of the following circumstances, it may apply to the Intermediate People's Court where the labor dispute arbitration commission is located within 30 days from the date of receiving the arbitration award:
(a) the application of laws and regulations is indeed wrong;
(two) the labor dispute arbitration commission has no jurisdiction;
(3) Violating legal procedures;
(4) The evidence on which the award is based is forged;
(5) The other party has concealed enough evidence to affect judicial justice;
(6) An arbitrator, in arbitrating a case, commits bribery, engages in malpractices for personal gain or perverts the law.
The people's court shall form a collegial panel to examine and verify, and if it considers that the ruling is under any of the circumstances specified in the preceding paragraph, it shall make a ruling to revoke it.
If the arbitral award is revoked by the people's court, the parties may bring a lawsuit to the people's court within 15 days from the date of receiving the award.
In case of labor dispute due to overdue materials, the parties may apply to the following mediation organizations for mediation:
(a) the enterprise labor dispute mediation committee;
(2) Grassroots people's mediation organizations established according to law;
(three) organizations established in towns and streets with the function of labor dispute mediation.
The enterprise labor dispute mediation committee consists of employee representatives and enterprise representatives. The representatives of the staff and workers shall be members of the trade union or elected by all the staff and workers, and the representatives of the enterprise shall be designated by the person in charge of the enterprise. The director of the enterprise labor dispute mediation committee shall be a trade union member or a person recommended by both parties.
Baidu Encyclopedia-People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law
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