Law of the People's Republic of China on Labor-dispute Mediation and Arbitration
Legal requirements for the Chinese Government, developers, and contractors, as well as legal provisions for workers.
Offers legal measures to govern labor disputes, safeguard the rights and interests of all parties, and promote harmonious labor relations.
Local Governments must:
- Set up labor dispute arbitration commissions with representatives of the administrative department of labor, trade unions, and companies in each district according to the principles of overall planning, geographical distribution, and needs.
- Hold a consultative meeting with developers and contractors and invite trade unions or third parties to join the consultation when labor disputes arise.
- Apply to a mediation institution if the parties fail to reach an agreement. Such institutions include the company's labor dispute mediation commission, which includes representatives for the company and representatives for the workers, a grassroots mediation institution established in accordance with law, and organizations that offer labor dispute mediation within towns, townships, or neighborhoods.
- Apply to a labor dispute arbitration commission for arbitration if the mediation institution fails.
- Initiate litigation in a local court if they are dissatisfied with the arbitration commission's decision.
Developers and Contractors must:
- Provide relevant information that they control to support workers' claims.
Administrative Departments of Labor should:
- Work with trade unions and representatives of companies to establish a joint mechanism to study and address major issues.
- Lodge a formal complaint to the administrative department of labor if their companies fail to pay for labor remuneration and medical expenses for a job-related injury, economic compensation, or damages.