300 Measures of Shenzhen Municipality on the Arbitration of Personnel Disputes[深圳市人事争议仲裁办法(2007)]

Archived（May 28, 2018）

Decree of Shenzhen Municipal People’s Government 

No. 162 

     The Measures of Shenzhen Municipality on the Arbitration of Personnel Disputes was adopted at the fifty-third executive meeting of the fourth session of the Municipal Government and is hereby promulgated. It shall be implemented on April 1, 2007. 

Xu Zongheng, Mayor 

March 2, 2007 

Measures of Shenzhen Municipality on the Arbitration of Personnel 

 Disputes  

Chapter 1   General Provisions 

　　Article 1   In order to deal with personnel disputes in a just and timely manner and safeguard the legitimate rights and interests of both parties to the personnel disputes, these Measures are formulated according to the relevant laws and regulations and in light of the actual conditions of Shenzhen. 

　　Article 2   These Measures are applicable to the arbitration of the following personnel disputes arising in the administrative areas of Shenzhen: 

　　(1) Disputes between a public institution and its staff arising from the resignation, dismissal and performance of engagement contracts (including appointment agreements, the same below) or employment contracts;  

　　(2) Disputes between an organ and engaged public servants and employees arising from the performance of appointment contracts or employment contracts; 

　　(3) Other personnel disputes that may be arbitrated according to laws, regulations and rules. 

　　Article 3   The handling of personnel disputes shall comply with the following principles: 

　　(1) Attaching emphasis to mediation and handling the disputes in time; 

　　(2) Handling the disputes according to the facts and laws; 

　　(3) All parties concerned are equal in terms of applicable laws. 

　　Article 4   The relevant municipal and district administrative departments shall establish a mechanism for the arbitration of personnel disputes and be responsible for mediating the personnel disputes of the affiliated public institutions. 

　　Article 5   Once a personnel dispute arises, the parties concerned shall carry out negotiations to resolve the dispute; if they are unwilling to carry out negotiations or the negotiations are not successful, they may apply to the administrative department in charge for mediation according to the relevant provisions; if the mediation is not successful, they may apply to the committee for the arbitration of personnel disputes. The parties concerned may also directly apply to the committee for the arbitration of personnel disputes for arbitration. 

     Article 6   The arbitration of personnel disputes shall be conducted independently according to the law and shall not be interfered with by other units and individuals. 

Chapter 2   Organizations and Institutions for the Arbitration of Personnel Disputes 

　　Article 7   Municipal and district committees for the arbitration of personnel affairs shall be established separately. 

　　Article 8   The committee for the arbitration of personnel disputes shall have one director, one or two deputy directors and ______ members. The director shall be the person in charge of personnel affairs of the people’s government at the same level or the main person in charge of the personnel administration department; other members shall be the representatives of the personnel administration department, the supervision department, legal institutions and labor unions as well as legal experts; the number of the persons in the committee for the arbitration of personnel disputes shall be an odd one. 

　　Article 8   The main duties of the committee for the arbitration of personnel disputes are as follows: 

　　(1) Formulating arbitration rules according to the relevant provisions of the state and these Measures; 

　　(2) Responsible for handling cases of personnel disputes within its jurisdiction; 

　　(3) Responsible for the appointment and dismissal of arbitrators; 

　　(4) Guiding and supervising the examination of personnel disputes; 

　　(5) Guiding and supervising the mediation of personnel disputes by the administrative department; 

　　(6) Other duties provided by laws and regulations. 

　　The municipal committee for the arbitration of personnel disputes shall supervise and guide the work of district committees for the arbitration of personnel disputes. 

　　Article 10   The office established under the committee for the arbitration of personnel disputes is the working body of the committee responsible for the acceptance of the cases undertaken, the service of arbitration documents, the management of files and other matters authorized by the committee for the arbitration of personnel disputes. 

　　The office of the committee for the arbitration of personnel disputes shall be established at the personnel administration department of the people’s government at the same level. 

　　Article 11   The persons appointed by the committee for the arbitration of personnel disputes as full-time arbitrators or part-time arbitrators shall meet one of the following basic conditions: 

　　(1) They have been doing the work of arbitrating personnel disputes for three years; 

　　(2) They have been doing the work of personnel management for five years; 

　　(3) They have been doing legal work for five years. 

　　Full-time arbitrators appointed shall be the staff of the working body of the arbitration committee who have met the above conditions. 

　　Full-time arbitrators or part-time arbitrators have the same rights while handling public affairs. When part-time arbitrators conduct arbitration activities, their units shall give support. 

     The specific measures on the appointment and management of arbitrators shall be formulated by the committee for the arbitration of personnel disputes separately. 

Chapter 3   Jurisdictions to Arbitrate Personnel Disputes 

　　Article 12   The municipal committee for the arbitration of personnel disputes has jurisdiction over the following personnel disputes: 

　　(1) The personnel disputes between the organs directly under the Municipal Government and institutions affiliated to the Municipal Government and the personnel engaged (employed) by them; 

　　(2) The personnel disputes between the organs and institutions under the central government and the provincial government in the city and the personnel engaged by them. 

　　The district committee for the arbitration of personnel disputes has jurisdiction over the personnel disputes between the organs directly under the district government and institutions affiliated to the district government and the personnel engaged (employed) by them. 

　　Article 13   If the committee for the arbitration of personnel disputes finds that it has no jurisdiction over the case accepted, the case shall be referred to the committee for the arbitration of personnel disputes with jurisdiction. 

     After a dispute over jurisdiction between committees for the arbitration of personnel disputes arises, they shall carry out negotiations to resolve the dispute; if the negotiations are not successful, the dispute shall be handled by the entity designated by the municipal committee for the arbitration of personnel disputes or be directly handled by the municipal committee for the arbitration of personnel disputes. 

Chapter 4   Application for Arbitration and Acceptance of Personnel Disputes  

　　Article 14   The party concerned shall apply to the committee for the arbitration of personnel disputes with jurisdiction for arbitration within sixty days after the date when a personnel dispute arises. 

　　If the party fails to do so within the time limit for arbitration application provided in the preceding paragraph because of force majeure or other justifiable reasons, the committee for the arbitration of personnel disputes shall accept the application. 

　　Article 15   The arbitration application shall not only be made within the prescribed time limit, but also meet the following conditions: 

　　(1) The arbitration applicant is a party concerned that has direct interests in the case; 

　　(2) There is a specific respondent; 

　　(3) There are detailed arbitration requests, facts and reasons; 

　　(4) It shall be within the scope of case acceptance and jurisdiction of the committee for arbitration of personnel disputes. 

　　Article 16   When applying for arbitration of a personnel dispute, the party concerned shall submit an arbitration application and deliver copies of the arbitration application according to the number of respondents. The arbitration application shall contain the following items: 

　　(1) The name, sex, age, occupation, employer and domicile of the party concerned, the name and address of the legal person or another organization, and the name and post of the legal representative or the main person in charge; 

　　(2) Arbitration requests and the facts and reasons relied on; 

　　(3) Evidence, sources of evidence, and the name and domicile of the witness. 

　　Article 17   The committee for the arbitration of personnel disputes shall, within fifteen days after receiving the arbitration application, decide whether to accept the application or not. If the committee decides to accept the application, it shall serve the notice of acceptance to the applicant within seven days after making the decision to accept the application, serve the arbitration notice, a copy of the arbitration application and other relevant materials to the respondent, and form an arbitration tribunal. If the committee decides not to accept the application, it shall notify the applicant in writing within seven days after making the decision not to accept the application and give reasons for not accepting the application. 

　　The party concerned shall be informed of the matter of whether it agrees to select arbitrators in the notice of acceptance and arbitration notice. 

　　Article 18   The party concerned may commission one or two agents to participate in arbitral activities. If there are more than five persons on one side of the parties concerned and they have common arbitration requests, the parties concerned may elect representatives and commission them to participate in arbitral activities. 

　　The agent commissioned to participate in arbitral activities must submit the power of attorney with the signature or seal of the client to the committee for the arbitration of personnel disputes. The power of attorney shall specify the matters delegated and the extent of authority. 

     Article 19   The citizens, legal persons or other organizations that have interests in the results of the arbitration of personnel disputes submitted by the party concerned for arbitration may apply to participate in arbitral activities as third parties or be informed by the committee for the arbitration of personnel disputes to participate in arbitral activities. 

Chapter 5   Procedures for Handling the Arbitration of Personnel Disputes 

　　Article 20   The committee for the arbitration of personnel disputes shall form an arbitration tribunal to arbitrate cases of personnel disputes. The arbitration tribunal shall consist of more than three arbitrators including one chief arbitrator. The number of arbitrators shall be an odd one. 

　　Simple cases of personnel disputes shall be arbitrated by one sole arbitrator. 

　　Article 21   Where both parties concerned agree to select arbitrators, they may select one arbitrator each and may commission the committee for the arbitration of personnel disputes to select one arbitrator; where both parties cannot reach a consensus on whether to select arbitrators or not, the committee for the arbitration of personnel disputes shall designate arbitrators. 

　　The sole arbitrator and chief arbitrator shall be designated by the committee for the arbitration of personnel disputes. 

　　Article 22   The respondent shall submit a statement of defense within fifteen days after receiving the copy of the arbitration application. The committee for the arbitration of personnel disputes shall, within seven days after receiving the statement of defense, serve a copy of the statement of defense to the applicant. Where the respondent fails to submit a statement of defense within the time limit or does not submit a statement of defense, the handling of the case shall not be affected. 

　　Article 23   While handling personnel disputes, the arbitration tribunal shall mediate in advance and urge both parties concerned to reach a mediation agreement voluntarily on the basis of finding out the truth. The contents of the agreement shall not violate the provisions of laws and regulations. 

　　Article 24   Where the mediation has resulted in an agreement, the arbitration tribunal shall produce a mediation paper according to the contents of the agreement. The mediation paper shall contain the arbitration requests and the results of the negotiations between the parties concerned. The mediation paper shall be signed by arbitrators, affixed with the seal of the committee for the arbitration of personnel disputes, and served to both parties concerned. 

　　After both parties concerned have signed for the mediation paper, it shall become legally effective. 

　　Where the mediation has not resulted in an agreement or one party concerned reneges on its promises before the mediation paper has been served, the arbitration tribunal shall make an arbitral award in time. 

　　Article 25   Under any of the following circumstances, the arbitrator or clerk must withdraw and the parties concerned are entitled to put forward a challenge: 

　　(1) The arbitrator or clerk is a party to the case or a close relative of a party concerned or agent; 

　　(2) The arbitrator or clerk has direct interests in the case; 

　　(3) There are other relationships between the arbitrator or clerk and a party to the case or agent that might affect the impartial handling of the case. 

　　Article 26   The party concerned shall submit the withdrawal application before the commencement of the first session and give reasons. If the reasons for withdrawal are known after the commencement of the first session, the party concerned may submit the same before the end of the last session. 

　　All withdrawal applications except those made orally during the session shall be made in writing. 

　　Article 27   The committee for the arbitration of personnel disputes shall make a decision on the withdrawal application within five days and inform the parties concerned in writing. 

　　The decision on the withdrawal of the chief arbitrator and sole arbitrator shall be made by the director of the committee for the arbitration of personnel disputes or a deputy director authorized by him. 

　　Before the decision on whether they should withdraw is made, the persons who are challenged shall temporarily stop their participation in the case. 

　　Where an arbitrator cannot perform the duties because of a challenge or other reasons, the committee for the arbitration of personnel disputes shall form an arbitration tribunal again according to the provisions of these Measures. 

　　Article 28   The arbitration of personnel disputes shall be conducted during a session. If the parties concerned agree not to conduct the arbitration during a session, the arbitration may be conducted in writing. 

　　Article 29   If it is decided that the arbitration of personnel disputes be conducted during a session, the arbitration tribunal shall inform the parties concerned of the time and place of the session within five days before the session. 

　　Where the applicant fails to appear at the session without justifiable reasons or leave the session before it is over without the permission of the arbitration tribunal, it shall be deemed that the arbitration application is withdrawn. Where the respondent fails to appear at the session without justifiable reasons or leave the session before it is over without the permission of the arbitration tribunal, the arbitration tribunal may conduct default arbitration. 

　　Article 30   The party concerned shall provide evidence for its own claims except otherwise provided by the relevant laws and regulations. The party concerned shall produce evidence within fifteen days after receiving the notice of case acceptance or arbitration notice. 

　　Where a unit unilaterally adjusts the wages of the persons engaged (employed), dismisses them, refuses to accept their decision to resign or terminate or change the engagement (employment) contract, causing personnel disputes, the unit shall bear the burden of proof. 

　　The arbitration tribunal is entitled to ask the parties concerned to provide or add evidence. The arbitration tribunal may collect evidence by itself when it deems necessary. 

　　Article 31   While handling the cases of personnel disputes, the committee for the arbitration of personnel disputes is entitled to inquire of the relevant units or individuals about the circumstances, and read the files, materials and other certifications related to the case. The relevant units and individuals shall not refuse. 

　　The committee for the arbitration of personnel disputes and its staff shall keep secret the materials involving state secrets, commercial secrets and private matters according to the law. 

　　Article 32   Where the arbitration tribunal considers that a technical question needs to be evaluated, it may be submitted to the evaluation institution for evaluation. 

　　The evaluation institution shall sent evaluation personnel to participate in the session according to the requests of the parties concerned or the requirements of the arbitration tribunal. After obtaining the permission of the arbitration tribunal, the parties concerned may question the evaluation personnel. 

　　Article 33   The evidence shall be shown during the session and be cross-examined by both parties concerned. The evidence that has not been cross-examined shall not be used as the basis of the arbitral award. 

　　Article 34   The parties concerned are entitled to debate during the arbitration process. At the end of the debate, the chief arbitrator or sole arbitrator shall seek the final opinions of the parties concerned. 

　　Article 35   The arbitration tribunal shall write down an account of the circumstances of the session. Where the parties concerned and other persons participating in the arbitration think there are omissions or errors in the records of their own statements, they are entitled to apply for addition and correction. If no addition or correction is made, the arbitration tribunal shall keep the record of the application. 

　　The arbitrators, clerk, parties concerned and other persons participating in the arbitration shall affix their signatures or seals to the session records. 

　　Article 36   After an arbitration application is made, the parties concerned may carry out self-reconciliation. If the reconciliation results in an agreement, they may request the arbitration tribunal to produce a mediation paper or apply to withdraw the arbitration application. 

　　Article 37   The arbitration tribunal shall make an arbitral award according to the opinion of the majority of the arbitrators, and shall write down an account of the opinion of the minority of the arbitrators. When the arbitration tribunal cannot form a majority opinion, it shall make an arbitral award according to the opinion of the chief arbitrator. 

　　The arbitration tribunal shall submit important and complicated cases of personnel disputes to the committee for the arbitration of personnel disputes for discussion, and the decision on the handling of the cases shall be made according to the principle that the minority is subordinate to the majority. 

　　The arbitration tribunal shall implement the decision of the committee for the arbitration of personnel disputes. 

　　Article 38   The arbitral award shall contain the arbitration requests, disputes and facts found, grounds and basis of the arbitral award, results of the arbitral award and date of the arbitral award. The arbitral award shall be signed by arbitrators and affixed with the seal of the committee for the arbitration of personnel disputes. The arbitrators who have objections to the arbitral award may sign their names or refuse to sign their names. 

　　Article 39   The arbitration tribunal shall produce a judgment in light of the following matters: 

　　(1) The application is not accepted; 

　　(2) There are objections to the jurisdiction; 

　　(3) The arbitration is suspended or terminated; 

　　(4) Other matters that need to be judged and resolved. 

　　The judgment shall be signed by arbitrators and affixed with the seal of the committee for the arbitration of personnel disputes. 

　　Article 40   The cases of personnel disputes handled by the arbitration tribunal shall be ended within sixty days after the date of the formation of the arbitration tribunal. If the period of arbitration needs to be extended because the details of the case are complicated, the period may extended appropriately with the approval of the director of the committee for the arbitration of personnel disputes or a deputy director authorized by him, but the period of extension shall not exceed thirty days. 

　　Article 41   The arbitral award and the specific means of serving the judgment shall be in accordance with the relevant provisions of the Civil Procedure Law of the People's Republic of China. 

　　Article 42   The mediation, arbitral award and judgment of the committee for the arbitration of personnel disputes are legally effective and binding on both parties concerned. 

　　The parties concerned shall execute the legally effective arbitral award and judgment within the prescribed period. 

　　Article 43   If the parties concerned have objections to the arbitral award on personnel disputes, they may file a lawsuit at a people’s court within fifteen days after receiving the arbitral award according to the provisions of laws and regulations. If the parties concerned do not file a lawsuit within the statutory period, the arbitral award shall become legally effective; if laws and regulations provide that the arbitral award on personnel disputes is final, the arbitral award shall become legally effective on the day it is served to both parties concerned. 

     If one party concerned fails to execute the legally effective mediation paper or arbitral award, the other party concerned may apply to a people’s court for compulsory enforcement. 

Chapter 6   Legal Liabilities 

　　Chapter 44   If the parties to the cases of personnel disputes and other persons participating in arbitration commit one of the following acts during arbitral activities, the committee for the arbitration of personnel disputes may criticize them, order correction and suggest that the units to which the relevant responsible persons are affiliated or the relevant administrative departments in charge mete out punishments; those who violate the relevant provisions of the Law of the People's Republic of China on Administrative Penalty shall be punished by the public security organs; if they are suspected of committing crimes, they shall be handed over to the judicial authorities according to the law: 

　　(1) They interfere with arbitral activities and obstruct the arbitration personnel from performing their duties; 

　　(2) They refuse to provide the relevant documents, materials and other certifications; 

　　(3) They provide false information, fabricate or destroy evidences, obstruct the witnesses from giving testimonies, or ask others to give false testimonies; 

　　(4) They insult, slander, frame, retaliate against, physically threaten or injure arbitrators, arbitration personnel, persons participating in arbitration and witnesses. 

　　Article 45   Where the arbitration personnel handing the cases of personnel disputes practice favoritism, take bribes, abuse their power, disclose state secrets, commercial secrets and private matters, or infringe the legitimate rights and interests of the parties concerned during arbitral activities, they shall be punished by their units or the relevant administrative departments in charge; if they are suspected of committing crimes, they shall be handed over to the judicial authorities according to the law. 

Where an arbitrator commits one of the activities in the above item, the committee for the arbitration of personnel disputes shall dismiss him; if he is suspected of committing crimes, he shall be handed over to the judicial authorities according to the law. 

Chapter 7   Supplementary Provisions 

　　Article 46   The arbitration of personnel disputes arising from the establishment, change, termination and dissolution of employment relationships between social organizations and the staff holding posts at public institutions shall be conducted according to these Measures. 

　　Article 47   The staff referred to in Article 2 (1) of these Measures include the staff members engaged by public institutions in the city to hold administrative management posts and professional and technical posts according to the Measures of the Shenzhen Municipality on the Administration of the Staff Members of Institutions (for trial) and the employees employed by public institutions in the city through contract within the authorized size of organization and the approved number of personnel according to the Measures for Trial Implementation of the Shenzhen Municipality on the Administration of the Employees of the Government Offices and Institutions. 

　　The employees referred to in Article 2 of these Measures include the employees employed by public institutions in the municipal through contract within the authorized size of organization and the approved number of personnel according to the Measures for Trial Implementation of the Shenzhen Municipality on the Administration of the Employees of the Government Offices and Institutions.