How long does it take to get wages from labor arbitration?

Legal subjectivity:

How long does it take to get wages in labor arbitration? The arbitration period ends within 45 days from the date of filing the case. The specific time to get wages needs to be determined based on the performance of the unit. If If the unit fails to perform, the parties may apply to the People's Court for compulsory execution. Labor Dispute Arbitration Tribunal Hearing Procedures When the arbitration committee handles labor disputes, it should be composed of full-time and part-time arbitrators. The arbitral tribunal may decide whether to hold a public hearing if necessary. For cases that are heard in public, observers must enter the arbitral tribunal with a hearing issued by the arbitral tribunal committee. Observers must abide by the discipline of the arbitral tribunal and are not allowed to move around or enter the hearing area at will. Without the permission of the arbitral tribunal, no audio, video or photography is allowed; no speeches or questions are allowed; no applause or making noise is allowed. The parties and their agents shall abide by the order of the arbitral tribunal and shall not make any noise or noise; speeches, statements and debates must be approved by the chief arbitrator. Anyone who violates the order of the arbitral tribunal shall be warned and stopped by the chief arbitrator; if the circumstances are serious, he may be ordered to withdraw from the arbitral tribunal. If a crime is constituted, criminal liability shall be pursued in accordance with the law. When the arbitral tribunal makes a ruling during the hearing, the following procedures may be chosen based on the circumstances of the case: (1) The clerk will check whether the parties, agents and relevant personnel of both parties are present in court, and announce the discipline of the arbitral tribunal; (2) The chief arbitrator announces the opening of the hearing and announces the arbitration (3) Hear the appeal of the complainant and his agent and the defense of the respondent and his agent; (4) The arbitrator conducts in-court investigations on issues that require further understanding in the form of inquiries. The arbitral tribunal may present evidence (including documentary evidence, physical evidence, witness testimony, investigation records, inspection records, etc.) during the investigation, and may also summon witnesses to the court as necessary. , and inform the witnesses of their rights and obligations. The parties have the responsibility and obligation to make their own claims; in some cases, the enterprise should bear the main responsibility for providing relevant evidence; with the permission of the arbitral tribunal, the parties can ask questions to witnesses, appraisers, and surveyors; the parties request re-investigation and appraisal or inspection, whether to allow it shall be decided by the arbitral tribunal; (5) with the approval of the chief arbitral tribunal, it may ask questions to the appraiser, appraiser or surveyor; if the parties request a new investigation, appraisal or inspection, whether to allow it shall be decided by the arbitral tribunal Decision; (6) According to the opinions of the parties, mediation will be conducted in court; if a mediation agreement is reached in court, both parties shall sign the mediation agreement. The arbitration committee shall prepare a mediation letter based on the mediation agreement reached by both parties and serve it to the parties; (7) When it is not appropriate to conduct mediation or an agreement cannot be reached through mediation, the arbitration committee shall adjourn the meeting promptly and make an award; the award results shall be recorded and signed by the arbitrator; (8) The arbitral tribunal resumes, and the chief arbitrator announces the arbitration award; (9) For cases that require supplementary investigation and evidence collection, the parties and other arbitration participants who must appear in court do not appear in court for legitimate reasons, and it is difficult for the arbitral tribunal to make decisions In cases where the conclusion or difficult cases need to be submitted to the arbitration committee for decision, the arbitration shall declare a postponement of the award. (10) The chief arbitrator declares the hearing to be closed. (11) After the arbitral tribunal is closed, the clerk shall hand over the arbitral tribunal hearing records to both parties and other arbitration participants for review and signature. If the parties believe that there are omissions or errors in their statements and opinions, they have the right to apply for corrections. Finally, the arbitral tribunal hearing records should be signed by the arbitrator and the clerk. For cases where the facts are clear, the case is simple, and the applicable laws and regulations are clear, the arbitration committee or the office may designate an arbitrator to handle the case solely in accordance with these regulations. Therefore, the arbitration period ends within 45 days from the date of filing the case. The specific time when the wages will be received needs to be determined according to the performance of the unit. If the unit fails to perform, the parties can apply to the People's Court for compulsory execution. Hope this helps. Legal objectivity:

"Labor Dispute Mediation and Arbitration Law of the People's Republic of China"

Article 42

Before the arbitral tribunal makes an award, Mediation should be done first.

If an agreement is reached through mediation, the arbitral tribunal shall prepare a mediation letter.

The mediation letter shall state the arbitration request and the results of the parties’ agreement. The mediation letter shall be signed by the arbitrator, stamped with the seal of the Labor Dispute Arbitration Committee, and served to both parties. The mediation document becomes legally effective after it is signed by both parties.

If mediation fails or one party regrets before the mediation letter is served, the arbitral tribunal shall make a timely award.

"Labor Dispute Mediation and Arbitration Law of the People's Republic of China"

Article 43

The arbitration tribunal shall decide labor dispute cases from the labor The Dispute Arbitration Committee shall end the arbitration within forty-five days from the date on which it accepts the arbitration application. If the case is complicated and requires an extension, it may be extended with the approval of the director of the Labor Dispute Arbitration Committee and the parties shall be notified in writing, but the extension period shall not exceed fifteen days. If an arbitration award is not made within the time limit, the parties may file a lawsuit with the People's Court regarding the labor dispute.

When the arbitral tribunal adjudicates a labor dispute case, some of the facts are already clear and it can rule on that part first.

"Labor Dispute Mediation and Arbitration Law of the People's Republic of China"

Article 44

The arbitral tribunal's decision on the recovery of labor remuneration and work-related injury medical treatment In cases involving fees, economic compensation or damages, based on the application of the parties concerned, the ruling may be executed first and transferred to the People's Court for execution.

If the arbitral tribunal’s award is to be executed first, the following conditions must be met:

(1) The rights and obligations between the parties are clear;

(2) No prior execution is required. Execution will seriously affect the applicant's life.

If the employee applies for advance execution, he does not need to provide a guarantee.

"Labor Dispute Mediation and Arbitration Law of the People's Republic of China"

Article 47

Unless otherwise provided for in this law, the following labor disputes Except for Disputes over the twelve-month salary standard;

(2) Disputes arising from the implementation of national labor standards in terms of working hours, rest and vacation, social insurance, etc.

"Labor Dispute Mediation and Arbitration Law of the People's Republic of China"

Article 50

The parties' claims for matters other than those provided for in Article 47 of this Law If you are dissatisfied with the arbitration award in other labor dispute cases, you may file a lawsuit with the People's Court within fifteen days from the date of receipt of the arbitration award;

If you do not file a lawsuit within the time limit, the award will become legally effective.

"Labor Dispute Mediation and Arbitration Law of the People's Republic of China"

Article 51

The parties' opinions on legally effective mediation documents and awards The letter must be fulfilled within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the People's Court for enforcement in accordance with the relevant provisions of the Civil Procedure Law. The people's court that accepts the application shall implement it in accordance with the law.

"Civil Procedure Law of the People's Republic of China"

Article 226

The People's Court shall not If the execution has not been carried out for more than six months, the person applying for execution may apply to the people's court at the next higher level for execution. After review, the people's court at the next higher level may order the original people's court to implement within a certain period of time, or may decide to have this court implement the case or instruct another people's court to implement it.

"Civil Procedure Law of the People's Republic of China"

Article 239

The period for applying for enforcement is two years. When applying for the suspension or interruption of the statute of limitations, the provisions of the law on the suspension or interruption of the statute of limitations shall apply.

The period specified in the preceding paragraph shall be calculated from the last day of the performance period stipulated in the legal document;

If the legal document stipulates performance in installments, the period shall be calculated from the last day of each performance period specified in the legal document. Calculated from the date;

If the legal document does not stipulate a performance period, it shall be calculated from the date the legal document takes effect.

"Civil Procedure Law of the People's Republic of China"

Article 242

The person subject to execution fails to perform legal documents in accordance with the execution notice For certain obligations, the people's court has the right to inquire from relevant units about the deposits, bonds, stocks, fund shares and other property status of the person subject to execution. The People's Court has the power to seize, freeze, transfer, and change the value of the property of the person subject to execution based on different circumstances. The property inquired, seized, frozen, transferred, and valuated by the People's Court shall not exceed the scope of the obligations that the person subject to execution shall perform.

When the people's court decides to seize, freeze, transfer or change property, it shall make a ruling and issue a notice of assistance in execution, and the relevant units must handle it.