Law of China on Mediation and Arbitration of Labor Disputes Ⅳ

　　Where the arbitral tribunal makes an award on advance execution, the following conditions shall be fulfilled:

　　1. there is a clear relation of rights and obligations between the parties; and

　　2. if there is no advance execution, the living of the applicant will be seriously affected.

　　Where a laborer applies for advance execution, no security may be provided.

　　Article 45 Awards shall be made in accordance with the opinions of arbitrators in majority, and other opinions of the arbitrators in minority shall be recorded. Where the arbitral tribunal cannot form a majority opinion, the award shall be made in accordance with the opinion of the chief arbitrator.

　　Article 46 The statement of award shall set out the arbitration request, the fact in dispute, the reason for award, the result of award and the date of award. The award shall be signed by arbitrators and sealed by the labor dispute arbitration commission. Arbitrators with different opinions towards the award may sign or not sign.

　　Article 47 In respect of the following labor disputes, the arbitral award shall be the final award and the statement of award shall have legal effect from the date of making unless otherwise stated hereof:

　　1. disputes in relation to the claim of labor remunerations, work-related injury medical expenses, economic compensation or damages which do not exceed the local monthly wage standard for an amount of 12 months;

　　2. disputes arising from working hours, rest days and leave days and social insurance in the implementation of state labor standards.

　　Article 48 Where a laborer has objection to the arbitral award prescribed in Article 47 hereof, he may initiate litigation to the people's court within 15 days of the receipt of the statement of award.

　　Article 49 Where an employing unit has evidence to prove that the arbitral award prescribed in Article 47 hereof is under any of the following circumstances, it may apply for revocation of award to the intermediate people's court at the place where the labor dispute arbitration commission locates within 30 days of the receipt of the statement of award.

　　1. the applicable laws and regulations are in error;

　　2. the labor dispute arbitration commission has no jurisdiction;

　　3. the statutory proceedings are violated;

　　4. the evidence on which the award is based is forged;

　　5. the other party has concealed evidence that is sufficient to affect a fair award;

　　6. the arbitrator accepts bribe, practices graft, and perverts the law.

　　If the people's court composed as collegiate bench has verified that any of the circumstances prescribed in the previous paragraph exists, it shall revoke the award.

　　Where the arbitral award is revoked by the people's court, the parties may initiate litigation to the people's court in relation to such labor dispute within 15 days of the receipt of the statement of award.

　　Article 50 Where the parties have objection to the arbitral award of other labor dispute cases other than those prescribed in Article 47 hereof, they may initiate litigation to the people's court within 15 days of the receipt of the statement of award. If no litigation is initiated, the statement of award shall have legal effect.

　　Article 51 The parties shall perform the statement of mediation and statement of award that carry legal effect within the time limit in accordance with provisions. If either party fails to perform within the time limit, the other party may apply for execution to the people's court in accordance with the relevant provisions of the Civil Procedure Law. The people's court that accepts the application shall execute in accordance with the law.

　　Chapter IV Supplementary Provisions

　　Article 52 Where the working personnel on the appointment system of institutions have a labor dispute with the unit, this Law shall be followed; if laws, administrative regulations or the provisions of the State Council provide otherwise, such provisions shall be followed.

　　Article 53 The arbitration of labor disputes are free of charge. The funding of labor dispute arbitration commissions are protected by the treasury.

　　Article 54 The Law shall come into effect from May 1, 2008.