This article contains content and attachments related to a labor arbitration application. Attachments can be downloaded at the end of the article.
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On the morning of February 18, 2021, I arrived at the Chaoyang District Labor Dispute Arbitration Court, ready to apply for labor arbitration. If you open your calendar and look at this day, you'll see it was the first working day after the 2021 Spring Festival. To get the case filed early and resolve this matter quickly, I arrived in Beijing a day earlier after the New Year and went to file the case on the morning of the first working day.
The Chaoyang District Labor Dispute Arbitration Court is located in a park near Jiangtai Subway Station. When entering the park, I had to scan a health code once, and when entering the arbitration court, I had to scan it again and have my temperature taken. I approached the front desk and stated that I was here to apply for labor arbitration. The staff handed me two forms:
- Arbitration Application Form (2 pages of A4 paper).
- Mailing Information Confirmation Form.
While I was filling out the forms, I noticed many other people in the hall doing the same. I thought I had arrived early enough, but they were even earlier than me! Can you imagine? It was the seventh day of the first lunar month! Most people were still at home happily celebrating the Spring Festival, while a large group of us were here for labor arbitration. Among these people, there were some elderly migrant workers in worn-out clothes who could barely write; some young men and women who hadn't even gone home for the New Year; and a couple holding a baby. While filling out my forms, I listened to them sharing why they were here—how their companies had laid them off, how much wages were owed, etc. In what should have been a festive and joyful lunar month, this scene was nothing short of a human tragedy!
After finishing the forms, I went back to the front desk and took a number. A few minutes later, a window called my number. This window was labeled "Legal Aid." Actually, it was just the "preliminary review" of your application. The staff didn't care about the specifics of your case; they just marked a few places on my application form with a pencil and told me what needed to be corrected. After I made the corrections, the staff checked it, found it acceptable, erased the pencil marks, and told me to make three copies.
After being called again, I went to the "Arbitration Filing" window. I said, "I don't want mediation; let's go straight to arbitration." The staff replied, "No, there are too many cases; you have to go through the mediation process." I said, "Doesn't the regulation state that if the parties do not agree to mediation, mediation doesn't have to be conducted?" The staff said, "Yes, that's true, but there are too many cases. You have to go through mediation. Even if you don't mediate, the hearing will still be months away." I knew the company wouldn't mediate in good faith. The company had clearly conducted illegal layoffs, and their attitude was, "We're not afraid of you filing for arbitration," "Go ahead and sue us! We have legal counsel waiting for you." Under such an attitude, what result could mediation possibly yield?
I had hoped to skip mediation and go straight to arbitration to save time, but it seemed impossible to avoid this protracted battle. Arbitration has its own established procedures and practical realities. The staff were rather indifferent, with little patience to listen to me or care about my situation. I tried to ask some questions, but she said, "Don't show me that; I'm not looking. Give me your ID card!" I sighed, feeling a chill in my heart. After I signed and confirmed, the staff gave me six documents:
- Pre-case mediation receipt.
- Copy of the application form (2 pages).
- Case acceptance notice (1 page).
- Court appearance notice (1 page).
- Evidence submission notice (1 page).
- Evidence submission instructions (9 pages, including: Notice on Authorized Representatives, List of Materials to Be Submitted by Authorized Representatives, Mediation Proposal, List of Evidence Materials, Elements Table for Labor Dispute Case Review, Power of Attorney).
With that, the arbitration filing was complete. As I walked out of the arbitration court, a group of elderly men and women were handing out cards at the entrance: "Need a lawyer?" I said no. Then, when I left the park, the security guard at the gate also asked if I needed a lawyer and offered to give me a lawyer's phone number. I couldn't even force a smile. I said, "No, thank you," and walked out.
Resources
Regarding the labor arbitration application form, I haven't posted it here; it would be too long. If needed, you can download it using the link at the end of this post. If the link expires, just leave a message on the public account or contact me via email: xdm.work@foxmail.com. I will reply as soon as I see it (free of charge, no extra words or sales pitches—I only hope to help those who need it).
Labor and Personnel Dispute Arbitration Guide.zip: https://files.cnblogs.com/files/demingblog/%E5%8A%B3%E5%8A%A8%E4%BA%BA%E4%BA%8B%E4%BA%89%E8%AE%AE%E4%BB%B2%E8%A3%81%E5%8A%9E%E4%BA%8B%E6%8C%87%E5%8D%97.zip