The employer is dissatisfied with the "final decision of the first adjudication" and may apply for revocation

Source: Zhonggong Network

On June 30, 2021, a regional labor and personnel dispute arbitration commission served the "Arbitration Award" to BX Mall Co., Ltd., which stated: According to the third paragraph of Article 30, Paragraph 1, Item 3 and Item 62 of the Regulations on Work-related Injury Insurance, and Articles 2 and 3 of the Provisions on the Scope of Support for Relatives of Employees Who Die at Work, BX Shopping Center Co., Ltd. shall pay a one-time work-related death allowance of more than RMB670,000 to Lin, Li and Wang, and pay a funeral allowance totaling more than RMB 20,000. At the same time, the ruling also states that "the above ruling matters are final. BX Company held that Lin, as the applicant of the case, did not appear in court at the arbitral hearing, so it expressed dissatisfaction with the outcome of the award. The company entrusted an agent to file a civil lawsuit with the local basic people's court, but was told by the court that the case of "one final adjudication" did not fall within the scope of acceptance by the basic level court. If the employer is not satisfied, it may apply to the intermediate people's court where the arbitration institution is located to set aside the award.

First, two types of special labor disputes are "one adjudication final" cases.

Article 47 of the Labor Dispute Mediation and Arbitration Law of the Mainland stipulates: "Except as otherwise provided in this Law, the arbitral award shall be final in the following labor disputes, and the award shall take legal effect from the date of its making: (1) disputes in which the amount of recourse to labor remuneration, work-related injury medical expenses, economic compensation or compensation does not exceed the amount of the local monthly minimum wage standard for 12 months; (2) disputes arising from the implementation of the national labor standards in terms of working hours, rest and leave, social insurance, etc." At the same time, Article 48 of the Law further stipulates: "If an employee is dissatisfied with the arbitral award provided for in Article 47 of this Law, he may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award." This also means that if the arbitral award of these two types of labor dispute cases is not satisfied, the employee can directly file a civil lawsuit with the court, but for the employer, it is "a final decision", and even if it is not satisfied, it cannot directly file a civil lawsuit with the court. In reality, there are employers who abuse their right to sue and use procedures to "drag down" employees, increasing the cost of employees' rights protection. The provisions of the Labor Dispute Mediation and Arbitration Law are set up to protect workers in a tendentious manner.

Second, the employer is dissatisfied with the "one-time final decision", and there are also channels for safeguarding rights.

Article 49 of the Labor Dispute Mediation and Arbitration Law of the Mainland stipulates: "An employer may apply to the intermediate people's court at the place where the labor dispute arbitration commission is located within 30 days from the date of receipt of the arbitral award in any of the following circumstances to prove that the arbitral award provided for in Article 47 of this Law has evidence: (1) the applicable laws and regulations are indeed in error; (2) the labor dispute arbitration commission has no jurisdiction; (3) it violates statutory procedures; and (4) the evidence on which the award is based is forged." ;(5) The other party conceals evidence sufficient to affect the fair ruling; (6) the arbitrator has solicited or accepted bribes, favoritism, or perverted the law in arbitrating the case. Where a people's court, upon review and verification of a collegial panel, has any of the circumstances provided for in the preceding paragraph, it shall rule to revoke it. Where an arbitral award is revoked by a people's court, the parties may file a lawsuit with the people's court within 15 days from the date of receipt of the ruling. ”

In the case mentioned above in this article, BX Company finally filed an application to set aside the award with the Intermediate People's Court where the arbitration institution is located. After trial by the Intermediate People's Court, it was ascertained that during the arbitration process, some parties did not sign and seal the application for arbitration, nor did they attend the hearing to participate in the arbitral hearing. In this case, the arbitral institution made the arbitral award, and the procedure was improper. In the end, the Intermediate People's Court ruled to revoke the arbitral award in accordance with the regulations.

(According to the Labor Daily news, Wen Zhang Tuo)

Editor-in-Charge: Yin Wenzhuo