Employment arbitration is a for of alternative dispute resolution used to collaboratively resolve employment disputes. Although arbitration is a less formal procedure than a court, each party presents arguments as in a court and agrees in advance to accept the arbitrator's final and binding decision. Contact our China employment arbitration lawyer if you are seeking an attorney experienced in employment arbitration.
With the increased number and complexity of labor disputes arising in China, the current regulations for dispute resolution have been considered unsuitable. In an attempt to remedy the situation The PRC Labor Disputes Mediation and Arbitration Law (the "Law") was adopted by China employment authorities. The Law will come into force on 1 May 2008 and covers the following issues.
Pre-Requisite Arbitration And Voluntary Mediation
The Law places an emphasis on the use of voluntary mediation, in order to manage the increased number of labor disputes. It is worth noting that if an employer fails to perform its obligations provided for in a mediation agreement, the employee concerned may seek direct recourse to the competent People's Court for the issue of a payment order. As per the existing regime, arbitration is a pre-requisite to litigation. This procedure is different from many countries. The arbitration award is not final, meaning you can appeal when you are not happy with it. However, it is a very important step, since many facts and evidence are discovered in this process. It is important to retain an employment arbitration attorney to represent you, no matter you are employer or employee.
We help employers and employees efficiently resolve disputes through arbitration.
At an arbitration hearing, both parties present their case or defense through witnesses, documents, and other evidence. Because the parties agree to be bound by the decision, the arbitrator's decision there is no appeal and the decision cannot be reviewed by a court. Arbitration cases are generally resolved faster than conventional lawsuits because there is less bureaucracy and court congestion is avoided.
Employment arbitration can be used for matters involving:
- Sexual harassment
- Whistleblower / retaliation claims
- Employment Contract disputes
- Overtime salary and wages
- Wrongful termination
If you are interested in learning more about the arbitration process or have questions for an experienced employment arbitration lawyer, contact our labor arbitration lawyer.
Although we are aggressive China trial attorneys, and have taken on and beaten some of the country’s largest companies in employment discrimination, harassment and class action overtime cases, we also understand that sometimes there are alternatives to litigation. We are very experienced in the latest alternative dispute resolution techniques—such as mediation and arbitration—that can, in the appropriate case, help your resolve your employment dispute quickly and efficiently.