Labor arbitration

english.shanghai.gov.cn

This guide will equip you with the knowledge to navigate a labor dispute and secure a just resolution.

 

Time limitation

The clock started ticking from the date you became aware of the infringement of your rights. You have one year to apply for arbitration in a labor dispute.

 

Where to apply for a labor arbitration

You can go to the Shanghai Municipal Labor Dispute Arbitration Committee at No 188 Xixiang Road, Putuo district.

Open: Monday to Friday, 9:00 am - 11:30 am; 1:30 pm - 4:30 pm

Tel: 021-31012746

 

Required documents

  • Copy of passport
  • Copy of work permit
  • Copy of labor contract
  • Employer's company registration information
  • Evidence supporting your claims — e.g., salary slips, offer letters, email communications

Note: Remember to submit your Application for Labor Arbitration.

 

What to prepare

  • Details of both the plaintiff and defendant — name, address, telephone number, legal representative
  • Facts of the labor dispute, including your employment details and the reason for the dispute
  • Clearly state your claims

 

Navigate the process smoothly

  • Expect a call from the arbitrator within 2-4 weeks for mediation discussions (optional).
  • If mediation fails, an official hearing will be scheduled within 2-3 weeks.
  • A Labor Arbitration decision will be issued within 60 days.
  • Dissatisfied? Either party can appeal to the court within 15 days.

 

Fees

Filing for arbitration is free. If you decide to enlist a lawyer, keep in mind that fees may vary.

 

Appealing or withdrawing:

- Appeal to the court within the specified period if dissatisfied with the arbitration result.

- Withdrawing the case or reaching a settlement during the process.

 

When in doubt:

Consult with a lawyer if needed.

Remember, legal fees are not covered by the employer unless mutually agreed upon.

 

Source: m.sh.bendibao.com