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What Is The Difference Between Labor And Personnel Arbitration?

2010/11/16 16:35:00 41

The Regulations On Labor Disputes In Personnel Disputes Are Different.

Differences between personnel disputes and labor disputes are different.

Personnel disputes

Many of the arbitration methods refer to the issue of limitation. The most important limitation is that the parties should apply to the personnel dispute arbitration committee with jurisdiction in written form within 60 days from the date of the occurrence of the personnel dispute. If the application is made later, the Arbitration Commission may not accept the case.

When an arbitration application is submitted by the party concerned, the receiving body must make a written decision to accept or reject it within 15 days and notify himself.

The arbitration tribunal shall settle the case of personnel disputes within 60 days from the date of the establishment of the arbitration tribunal, and the special case may be postponed for 30 days with the approval of the Arbitration Commission.

Wang Youzhi, director of the personnel disputes arbitration Office of the Personnel Bureau, said that in the past, when personnel disputes were settled, letters and visits were usually resolved, and it would take six months or a year to solve them.

Beijing City

Labor dispute

Arbitration related

Ordinance stipulates

After the occurrence of a labor dispute, the parties concerned shall apply for arbitration to the labor dispute arbitration committee in writing within 60 days from the date when they know or should know that their rights are infringed.

If the party has exceeded the above provisions due to force majeure or other justifiable reasons, the time limit for application for arbitration shall be excluded.

Personnel disputes and the jurisdiction of the labor dispute arbitration committee

difference

The arbitration of personnel disputes shall be governed by different levels.

According to the arbitration law, personnel disputes arbitration committees shall be established in cities, districts and counties.

The personnel dispute arbitration committee of the Beijing Municipal People's court accepts the personnel dispute cases of the state organs and their affiliated institutions at the municipal level. The district and county level arbitration committees are responsible for accepting the personnel dispute cases of the county level state organs and their affiliated institutions in the district. The personnel dispute cases of the central authorities and institutions in Beijing are handled by the central state administrative organs in the personnel dispute arbitration committee of the institutions directly under the jurisdiction of Beijing.

According to Wang Youzhi, director of the personnel disputes arbitration Office of the Personnel Bureau, the personnel disputes before May 1st will not be accepted in principle, or be resolved by the higher authorities or by letters and visits.

The arbitration of labor dispute cases shall not be classified into different levels, and territorial jurisdiction shall be implemented.

Personnel disputes and labor disputes have different rights.

The arbitration law for personnel disputes in Beijing stipulates the arbitrator selection system. The arbitral tribunal consists of 3 arbitrators. When a personnel dispute arises, the chief arbitrator and two other arbitrators shall form an arbitration tribunal. The chief arbitrator shall be designated by the Arbitration Commission. The other two arbitrators can choose one arbitrator arbitrarily among all the arbitrators of the arbitration committee, so that the openness and equality of arbitration can be increased. This practice is the first case in the country.

There is no such stipulation in labor dispute arbitration.