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The employee is not satisfied with part of the award and lodges a lawsuit to the People’s Court, will the arbitration award take effect?

2018-02-07

Asked by chemical industry HR

Hello, lawyer! If the employee is not satisfied with part of the arbitration award and is lodging a lawsuit to the People's Court, can the company apply for the compulsory enforcement of the part that was supported by the arbitration committee?

 

Answered by: RDL - Ningbo, Lawyer Xiao Hailong

According to Article 17 of Interpretation of the Supreme People's Court on Several Issues about the Application of Laws for the Trial of Labor Dispute Cases, after the labor dispute arbitration committee renders an arbitration award, if either party involved is not satisfied with part of the award and lodges a lawsuit to the People's Court, the labor dispute arbitration award will not take legal effect. Therefore, if your employee is not satisfied with part of the award and lodges a lawsuit to the people's court, the whole labor dispute arbitration award will not get effective. Thus, the company cannot apply for the compulsory enforcement based on the arbitration award.

In practice, if the party does not accept any part of the arbitration award, the people's court will hear the case based upon the whole arbitration award, and add the part that both parties have agreed to. Then the party involved has the right to apply for the compulsory enforcement based on the effective judgment.

 


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