FAQs: What to do in a labor dispute


What you should do if your employer refuses to pay your overtime wages? Where can you apply for labor arbitration? How much does it cost to apply for labor arbitration? The following are the answers to some of the most frequently asked questions on labor disputes and resolutions. 



Q: Under what circumstances can I apply for labor arbitration?

A: According to the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, the following six types of labor disputes that occur between employers and employees are accepted by labor dispute arbitration organizations:

 1. Disputes arising from the establishment of employment relations;

 2. Disputes arising from the conclusion, performance, modification, rescission, and termination of labor contracts;

 3. Disputes arising from dismissal, removal, resignation, and departure from work;

 4. Disputes arising from working hours, rest and leave, benefits, training, and labor protection;

 5. Disputes arising from labor remuneration, medical expenses for work-related injuries, compensation, etc;

 6. Other labor disputes stipulated by laws and regulations.


Q: If I have a labor dispute with my employer, are there any other ways to resolve it besides applying for arbitration?

A: There are four ways to handle labor disputes in China - negotiation, mediation, arbitration, and litigation.


Q: Where I can apply for mediation when a dispute arises?

A: In the event of a labor dispute, where the parties are unwilling to negotiate, negotiations fail, or if an agreement is reached but not honored, you may apply for mediation to the following mediation organizations:

 1. Enterprise labor dispute mediation committees;

 2. Grassroots mediation organizations established in accordance with law;

 3. Organizations with labor dispute mediation functions at the township and sub-district level.




Q: To which labor arbitration committee should I submit the arbitration application? 

A: Arbitration applications should be submitted to the labor dispute arbitration committee in the place where the employee works, the place where the employer is registered or where the employer's main office is located. 


Q: What is the time limit for applying for arbitration?

A: The time limit for applying for arbitration is one year, calculated from the date when the employee becomes aware or should have been aware that his/her rights have been infringed.

Notice: If the dispute is over unpaid labor remuneration during the employment period, the one-year limit does not apply. 

If employment contract is terminated, the application must be made within one year from the date of termination.


Q: What are the fees for arbitration?

A: Labor dispute arbitration is free of charge.


Source: "shanghaifabu" WeChat account