English version of Labor Dispute Arbitration LawLaw of the Peoples Republic of China on Mediation and Arbitration of Labor Disputes Adopted at the 31st Session of the Standing Committee of the 10th Na

e 4 The parties in a labor dispute shall have the right to choose mediation or arbitration to resolve their dispute. The mediation process shall be voluntary and conducted in accordance with the principles of equality, voluntariness, impartiality, and confidentiality. The arbitration process shall be conducted in accordance with the principles of impartiality, independence, professionalism, and openness. Article 5 Labor dispute mediation and arbitration organizations shall be established and managed in accordance with the law and provide professional and efficient dispute resolution services. Article 6 The employing unit and laborer shall negotiate in good faith to resolve labor disputes through consultation. If the negotiation fails, the parties may seek mediation or arbitration in accordance with the law. Article 7 The people's governments at all levels shall establish and improve the labor dispute resolution mechanism, promote the development of labor dispute mediation and arbitration organizations, and provide guidance and support for the resolution of labor disputes. Chapter II: Mediation Section 1 General Provisions Article 8 Labor dispute mediation shall be conducted by labor dispute mediation organizations in accordance with the law. Article 9 The parties to a labor dispute may apply for mediation to the labor dispute mediation organization with jurisdiction over the dispute, or to any other mediation organization agreed upon by the parties. Article 10 The labor dispute mediation organization shall conduct mediation in accordance with the law, respect the parties' autonomy, and maintain the confidentiality of the mediation process. Section 2 Application and Acceptance Article 11 The parties to a labor dispute shall apply for mediation within the statutory time limit. If the statutory time limit has expired, the mediation organization may refuse to accept the application. Article 12 The application for mediation shall include the following: 1. the name, address, and contact information of the parties; 2. the basic facts and reasons for the dispute; 3. the relevant evidence and materials; and 4. the proposed solution to the dispute. Article 13 The labor dispute mediation organization shall accept the application for mediation within five working days of receipt of the application. If the application does not meet the requirements, the mediation organization may request the parties to supplement or correct the application within a specified time limit. Article 14 The labor dispute mediation organization shall notify the parties of the time, place, and procedures of the mediation, and shall inform the parties of their rights and obligations during the mediation process. Section 3 Hearing and Award Article 15 The mediation shall be conducted by one or more mediators in accordance with the law and the principles of voluntary participation, equality, impartiality, and confidentiality. Article 16 During the mediation, the parties shall actively participate in the mediation, express their opinions, and negotiate in good faith to reach a mutually acceptable solution. Article 17 The mediation organization shall assist the parties in reaching a mediation agreement within the statutory time limit. The mediation agreement shall be in writing and signed by the parties. Article 18 If the parties fail to reach a mediation agreement within the statutory time limit, the mediation organization shall issue a mediation statement. Chapter III: Arbitration Section 1 General Provisions Article 19 Labor dispute arbitration shall be conducted by labor dispute arbitration organizations in accordance with the law. Article 20 The parties to a labor dispute may apply for arbitration to the labor dispute arbitration organization with jurisdiction over the dispute, or to any other arbitration organization agreed upon by the parties. Article 21 The labor dispute arbitration organization shall conduct arbitration in accordance with the law, respect the parties' autonomy, and maintain the confidentiality of the arbitration process. Section 2 Application and Acceptance Article 22 The parties to a labor dispute shall apply for arbitration within the statutory time limit. If the statutory time limit has expired, the arbitration organization may refuse to accept the application. Article 23 The application for arbitration shall include the following: 1. the name, address, and contact information of the parties; 2. the basic facts and reasons for the dispute; 3. the relevant evidence and materials; and 4. the proposed solution to the dispute. Article 24 The labor dispute arbitration organization shall accept the application for arbitration within five working days of receipt of the application. If the application does not meet the requirements, the arbitration organization may request the parties to supplement or correct the application within a specified time limit. Article 25 The labor dispute arbitration organization shall notify the parties of the time, place, and procedures of the arbitration, and shall inform the parties of their rights and obligations during the arbitration process. Section 3 Hearing and Award Article 26 The arbitration shall be conducted by one or more arbitrators in accordance with the law and the principles of impartiality, independence, professionalism, and openness. Article 27 During the arbitration, the parties shall actively participate in the arbitration, express their opinions, and provide evidence and materials to support their claims. Article 28 The labor dispute arbitration organization shall make an award within the statutory time limit. The award shall be in writing and include the reasons for the award. The award shall be final and binding on the parties. Chapter IV: Supplementary Provisions Article 29 This Law shall come into force on May 1, 2008. The Labor Dispute Mediation and Arbitration Law of the People's Republic of China adopted at the 28th Session of the Standing Committee of the 9th National People's Congress on May 31, 2001, shall be repealed at the same time