Guidelines for Foreigners Applying for Arbitration

  

Source: OT-Team(G), 三亚市人力资源和社会保障局

  On December 31, 2024, Sanya Human Resources and Social Security Bureau issued the Guidelines for Foreigners to Apply for Arbitration.

Sanya Labor and Personnel Dispute Arbitration Commission

Guidelines for Foreigners applying for Arbitration

  In order to protect your arbitration rights, reduce your arbitration costs, facilitate you to carry out the relevant arbitration procedures more smoothly, we have prepared for you the following instructions or foreign arbitration procedures to help you to accurately understand the relevant provisions of  foreign arbitration procedures.Please read the following tips carefully.

• Settlement process of Labor disputes

  The applicant may apply to the mediation organization for mediation. If the mediation fails, the applicant may apply for arbitration.Apply for arbitration:File an application for arbitration→Accept the case→Hold a hearing →Adjudicate according to law→If the parties disagree with the arbitration award, they may file a lawsuit in the people's court with jurisdiction within 15 days from the date of receipt of the arbitration award; If they do not file a lawsuit within the time limit, the arbitration award will become legally effective. If one party refuses to implement the effective arbitration award, the other party may apply to the court for enforcement.

• Requirements for language and text

  When the Commission hears foreign－related Labor disputes

1.It shall use the language and text of the People's Republic of China.

2.Theapplicant can require translations,and the cost shall be borne by the applicant.

  Requested documents for filing arbitration claim

1."Labor and Personnel Dispute Arbitration Application" in triplicate

2."Investigation Form of Basic Elements of Case" in duplicate

3.One copy of passport

4.Work permit for foreigners (including page with visa date)

5.One copy of machine-readable file from employer enterprise

• Information of Authorized Agents

1.When an applicant authorizes a lawyer to represent on his behalf, the lawyer shall hold a law firm official letter and the lawyer's license. If there is no letter or license, the lawyer can't participate in arbitration activities as a lawyer.

  If the applicant require entrusting a lawyer apply for arbitration,he shall entrust lawyers of the People's Republic of China.The provision may be correspondingly revised if new provisions or measures be made in the process of building Free Trade Zone of Hainan.

2.When the authorized agent is a natural person, the applicant shall sign the "Power of Attorney" in front of the arbitration staff, or the authorization may be made through notarization.

3.The "Power of Attorney" should specify the entrusted matters and limits of authority, and the authorized agent should also submit corresponding proof materials in accordance with the regulations.

4.If the applicant changes the authorized agent, or the applicant changes or removes the authority of the authorized agent, he shall explain the change to the Commission in writing.

• Requirements for Evidence Material

  If the written material submitted by the parties to the Commission is in a foreign language, the Chinese translation shall also be submitted at the same time,and certification,authentication or other supporting documents are required for in accordance with the law.