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How long does it take for Xiamen labor arbitration to produce results?

General labor cases are settled within 45 days after being filed. Difficult cases can be postponed for another 15 days, which means that the result will be available within 60 days at most. If an arbitration award is not made within the time limit, the parties may file a lawsuit with the People's Court regarding the dispute. When the arbitral tribunal decides a labor dispute case, some of the facts are already clear and it can make a ruling on that part first. Regarding the question of how long it takes for labor arbitration to produce results, the editor will answer it in detail for you below.

1. How long does it take for labor arbitration to produce results? 1. General labor cases are concluded within 45 days after being filed. Difficult cases can be postponed for another 15 days, which means that the results will be produced within 60 days at most. 2. If an arbitration award is not made within the time limit, the parties may file a lawsuit with the People's Court regarding the dispute. When the arbitral tribunal decides a labor dispute case, some of the facts are already clear and it can make a ruling on that part first. 3. Legal basis: Article 43 of the Labor Dispute Mediation and Arbitration Law. The arbitral tribunal’s decision on a labor dispute case shall be concluded within 45 days from the date when the labor dispute arbitration committee accepts the arbitration application. If the case is complicated and requires an extension, it may be extended with the approval of the director of the Labor Dispute Arbitration Committee and the parties shall be notified in writing, but the extension period shall not exceed fifteen days. If an arbitration award is not made within the time limit, the parties may file a lawsuit with the People's Court regarding the labor dispute.

2. What are the conditions for applying for labor arbitration? 1. For disputes arising from labor-related rights, obligations, and issues between the employer and its employees, both parties can apply for arbitration. 2. The parties involved are central and municipal joint ventures, Sino-foreign joint ventures, wholly foreign-owned enterprises or their employees. If a labor dispute occurs, they should apply for arbitration to the Beijing Labor Dispute Arbitration Commission. 3. Labor disputes that occur between the parties and state-owned, collective, individual, joint venture, joint-stock and township enterprises, or between government agencies, institutions, mass organizations and workers who have formed labor relations with them, should be reported to the relevant court. The district or county labor dispute arbitration committee where the unit (industrial and commercial registration place) is located applies for arbitration. 4. The labor arbitration department accepts the following labor disputes: disputes arising from the dismissal, removal, dismissal, resignation, or voluntary resignation of employees from the enterprise; disputes arising from the implementation of national regulations on wages, insurance, welfare, training, and labor protection; disputes arising from the performance of labor contracts Disputes that occur; other labor disputes stipulated in national laws and regulations. 5. The parties applying for arbitration must go to the labor arbitration department to collect, fill out and submit the appeal form within 60 days from the date of occurrence of the labor dispute. 6. The appeal must be filled in with a pen, in duplicate, and must indicate the time, facts and reasons for the dispute. And indicate the date of filling in, personal mailing address, neat handwriting and concise writing. 7. After the labor dispute is filed, the parties shall actively cooperate with the arbitration department in the trial work, submit relevant materials in a timely manner, appear in court on time, and bear the responsibility of providing evidence for the issues raised by them. 8. Both parties can entrust 1-2 lawyers or other persons to participate in arbitration activities, but they must first submit a power of attorney signed and sealed by the parties to the arbitration department and specifying the entrustment authority. 9. Both parties must pay the arbitration fee in advance after learning that the case has been filed. Arbitration fees include acceptance fees and processing fees. After the case is concluded, the arbitration committee will charge fees based on actual expenses based on the principle of refunding more and making up for less according to the circumstances of the case. The arbitration fees shall be borne by the losing party. For disputes that are mediated or partially lost by both parties, the arbitration committee shall decide the amount of arbitration fees to be shared by each party. 10. For labor disputes mediated by the arbitration committee, the mediation letter and award are legally binding, and both parties must implement them conscientiously and on schedule. If one party fails to perform the mediation content within the time limit, the other party may apply to the People's Court for compulsory execution. 11. If the parties are dissatisfied with the arbitration award, they may file a lawsuit with the designated People's Court within 15 days from the date of receipt of the award. If neither party files a lawsuit within 15 days from the date of receipt of the award, the parties must implement the content of the award within the time limit, otherwise the other party may apply to the People's Court for compulsory arbitration. implement. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or consult a professional lawyer.