Labour arbitration is one of the most common forms of arbitration and there is usually a legal procedure for arbitration. As one of the more frequently used labour arbitration procedures, it is an essential part of the general knowledge of the law for those working outside the home. Labour arbitration is the adjudication of a labour dispute by the Labour Dispute Arbitration Commission. 

How do I apply for labour arbitration? What are the procedures for labour arbitration?

There are generally four steps in labour arbitration: application by the parties, examination and acceptance, preparation for arbitration and arbitration hearing. The application of the parties is an important part of the arbitration process, and it is difficult to pass the second step of the examination if the applicant has a direct interest in the case.

Application by the parties

The application of the parties is a prerequisite and a necessary procedure for the Arbitration Commission to deal with labour disputes. The Arbitration Committee must have an application from the parties to deal with a labour dispute case, otherwise the Arbitration Committee has no authority to arbitrate the case. 

Examination of the acceptance

Upon receipt of an application for arbitration, the office of the Arbitration Commission shall examine the following matters: whether the applicant has a direct interest in the case; whether the dispute under application for arbitration is a labour dispute; whether the labour dispute under application for arbitration falls within the jurisdiction of the Arbitration Commission; whether the labour dispute falls within the jurisdiction of the Arbitration Commission; whether the application and relevant documents are complete and in accordance with the requirements; whether the application is made within the time limit for application for arbitration; etc. Whether the application and relevant documents are complete and in accordance with the requirements; whether the time limit for filing an application for arbitration is met; and whether the time limit for filing an application for arbitration is met. If the application is not complete or the relevant circumstances are not clear, the applicant shall be informed to supplement the application.

Conciliation in arbitration

The arbitral tribunal shall first deal with labour disputes by conciliation, and on the basis of ascertaining the facts, shall induce the parties to reach an agreement voluntarily with respect to Mediator Appointment.  If the conciliation reaches an agreement, the arbitral tribunal shall prepare a conciliation letter based on the content of the agreement, which shall have legal effect from the date of delivery; if the conciliation does not reach an agreement, the arbitral tribunal shall make an award in a timely manner.