19 June 2017
Amended Guidelines for the Arbitration of Labour and Personnel Disputes
The rules governing the resolution of labour and personnel disputes are to be amended as of 1 July. Among the key changes is the provision of financial compensation for individuals deemed to have been unfairly treated by employers, including any instances of unwarranted labour contract terminations or illegally-imposed probation periods. Additionally, individuals ruled to have been employed without legitimate labour contracts will be entitled to double pay, while financial compensation will also be awarded to individuals restrained by unlawful competition clauses.
Details of these amendments to the Rules for Handling Arbitration Cases Involving Labour and Personnel Disputes and the Organisational Rules for Arbitration of Labour and Personnel Disputes were recently issued by the Ministry of Human Resources and Social Security (MOHRSS). These updates also provide clarifications and improvements with regard to the time limit for any application for arbitration and/or submitting evidence, as well as the exact jurisdiction applying to such cases and the required withdrawal process.
The rules also supply enhanced guidance as to the rights and duties of arbitrators, as well as detailing the required provisions for the assessment and training of such individuals.
For further details (in Chinese), please refer to the following websites: