Labor arbitration
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