If you have the following labor disputes with your employer, you may then apply to the Beijing Arbitration Commission for the Arbitration of Labor and Personnel Disputes.
? Three copies of the original application for arbitration. (Download sample form)(Download blank form)
? The applicant's ID card.
If the application is to be made by an authorized agent, it is further required to provide the following materials:
? The authorized agent's ID card.
? One letter of authorization.
Bring all of the above materials to the following location:
Beijing Arbitration Commission
Address: Room 102, Building 2, No. 2 Huaibaishu Street, Xicheng District, Beijing
Business hours: workdays from 9:00-11:30 AM and 1:00-5:00 PM.
Acceptance of application – review and decision – issuance of certificate: five workdays in total
Free of charge
Conditions for acceptance: within the scope of accepting labor and personnel disputes as prescribed in the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes and the Rules for Handling Arbitration Cases on Labor and Personnel Disputes (Order No.33 of the Ministry of Human Resources and Social Security), there are specific arbitration claims and facts and grounds for such claims; the applicant is a natural person, legal person or organization with direct interest in the case and the respondent is specific; the application materials are complete. In accordance with the provisions on jurisdiction, the applicant shall submit a written application to the municipal or district committee for labor and personnel dispute arbitration.
The arbitration application shall set out the following particulars:
(1) the name, sex, date of birth, ID card number, residence, mailing address and phone number of the laborer, and the title, residence, mailing address and phone number of the employer, as well as the name and duties of the employer's legal representative or person of highest authority;
(2) the arbitration claims, including the facts and grounds on which such claims are based;
(3) the evidence, including sources of evidence as well as the name(s) and address(es) of any witness(es).
What is the time limit for applying for Arbitration of Labor and Personnel Disputes?
For items (1), (3), (4), and (5) of No. 2, Article 26, in the Rules for Handling Arbitration Cases on Labor and Personnel Disputes(Order No.33 of the Ministry of Human Resources and Social Security), the limitation of action for Arbitration of Labor and Personnel Disputes is one year. This limitation period is calculated from the date when the involved parties first knew or should have known of the infringement of their rights.
By these same rules, for disputes regarding Article 2, item (2), within the limitation of action, relevant provisions of Civil Service Law shall apply.
When the labor and personnel relationship is in dispute due to wage arrears, the application for arbitration is not subject to the time limit specified above; however, the termination of labor and personnel relations should be submitted within one year of the date of termination.