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China - Avenues for redress (penalties, remedies) and litigation procedure for individual complaints


+ show references

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Twice the rate of the severance pay

Remarks:
  • Art. 48 EPL

Reinstatement available: Yes

Remarks:
  • Art. 48 ECL.

Preliminary mandatory conciliation: No

Remarks:
  • See art. 79 LL and art. 5 Labour Dispute Mediation and Arbitration Law (2007, entered into force in May 2008)
    Art. 79 LL does not provide for preliminary mandatory conciliation, but only gives the parties the option to turn to a mediation and/or arbitration committee before going to Court.
    The new Labour Dispute Mediation and Arbitration Law regulates labour disputes settlement. (See text: http://www.lawinfochina.com/display.aspx?id=6584&lib=law)

    See secondary sources:
    http://www.dwt.com/LearningCenter/Advisories?find=22301

Competent court(s) / tribunal(s): ordinary courts

Remarks:
  • Arbitration is mandatory in the event of an individual labour dispute.
    The parties can only go to court, if they do not agree with the arbitration outcome, within 15 days from the date the award is communicated. See art. 5 and 50 of the Labor Dispute Mediation and Arbitration Law.

Existing arbitration: Yes

Remarks:
  • Arbitration is mandatory in the event of an individual labour disputes. Art. 79 LL, see also art. 5 and 50 of the Labour Dispute Mediation and Arbitration Law (2007, entered into force in May 2008).

+ show references

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Twice the rate of the severance pay

Remarks:
  • Art. 48 EPL

Reinstatement available: Yes

Remarks:
  • Art. 48 ECL.

Preliminary mandatory conciliation: No

Remarks:
  • See art. 79 LL and art. 5 Labour Dispute Mediation and Arbitration Law (2007, entered into force in May 2008)
    Art. 79 LL does not provide for preliminary mandatory conciliation, but only gives the parties the option to turn to a mediation and/or arbitration committee before going to Court.
    The new Labour Dispute Mediation and Arbitration Law regulates labour disputes settlement. (See text: http://www.lawinfochina.com/display.aspx?id=6584&lib=law)

    See secondary sources:
    http://www.dwt.com/LearningCenter/Advisories?find=22301

Competent court(s) / tribunal(s): ordinary courts

Remarks:
  • Arbitration is mandatory in the event of an individual labour dispute.
    The parties can only go to court, if they do not agree with the arbitration outcome, within 15 days from the date the award is communicated. See art. 5 and 50 of the Labor Dispute Mediation and Arbitration Law.

Existing arbitration: Yes

Remarks:
  • Arbitration is mandatory in the event of an individual labour disputes. Art. 79 LL, see also art. 5 and 50 of the Labour Dispute Mediation and Arbitration Law (2007, entered into force in May 2008).

+ show references

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Twice the rate of the severance pay

Remarks:
  • Art. 48 EPL

Reinstatement available: Yes

Remarks:
  • Art. 48 ECL.

Preliminary mandatory conciliation: No

Remarks:
  • See art. 79 LL and art. 5 Labour Dispute Mediation and Arbitration Law (2007, entered into force in May 2008)
    Art. 79 LL does not provide for preliminary mandatory conciliation, but only gives the parties the option to turn to a mediation and/or arbitration committee before going to Court.
    The new Labour Dispute Mediation and Arbitration Law regulates labour disputes settlement. (See text: http://www.lawinfochina.com/display.aspx?id=6584&lib=law)

    See secondary sources:
    http://www.dwt.com/LearningCenter/Advisories?find=22301

Competent court(s) / tribunal(s): ordinary courts

Remarks:
  • Arbitration is mandatory in the event of an individual labour dispute.
    The parties can only go to court, if they do not agree with the arbitration outcome, within 15 days from the date the award is communicated. See art. 5 and 50 of the Labor Dispute Mediation and Arbitration Law.

Existing arbitration: Yes

Remarks:
  • Arbitration is mandatory in the event of an individual labour disputes. Art. 79 LL, see also art. 5 and 50 of the Labour Dispute Mediation and Arbitration Law (2007, entered into force in May 2008).

+ show references

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Twice the rate of the severance pay

Remarks:
  • Art. 48 EPL

Reinstatement available: Yes

Remarks:
  • Art. 48 ECL.

Preliminary mandatory conciliation: No

Remarks:
  • See art. 79 LL and art.5 Labour Dispute Mediation and Arbitration Law (2007, entered into force in May 2008)
    Art. 79 LL does not provide for preliminary mandatory conciliation, but only gives the parties the option to turn to a mediation and/or arbitration committee before going to Court.
    The new Labour Dispute Mediation and Arbitration Law regulates labour disputes settlement.
    (See text: http://www.lawinfochina.com/display.aspx?id=6584&lib=law)

    See secondary sources:
    http://www.dwt.com/LearningCenter/Advisories?find=22301

Competent court(s) / tribunal(s): ordinary courts

Remarks:
  • Arbitration is mandatory in the event of an individual labour dispute.
    The parties can only go to court, if they do not agree with the arbitration outcome, within 15 days from the date the award is communicated. See art. 5 and 50 of the Labor Dispute Mediation and Arbitration Law.

Existing arbitration: No

Remarks:
  • Arbitration is not an alternative labour dispute resolution mechanism, since it is a compulsory step: Art. 79 LL, see also art. 5 and 50 of the Labour Dispute Mediation and Arbitration Law (2007, entered into force in May 2008).
 


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