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Research on final or non-final determination in labor arbitration
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Summary:

Clause 47 of Labor Dispute Mediation and Arbitration Law has changed the past legal proceeding in employment litigation. The clause provides that: In respect of the following labor disputes, the arbitral award and the statement of award shall have legal effect from the date when the judgement is made 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.

That is to say, employer shall not have the right to appeal to civil court in some circumstances provided by clause 47. The purpose of this clause was to simplify the procedure for employees, so that they will not spend too much time to get their claim finalised.

However, this clause caused a lot of confusion in practice so that many interpretations have been issued by courts or arbitration committees to clarify implementations in their practice. This article intends to analyse the different practices in different city’s or province’s and a better solution for this matter. 




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