If you have any of the following labor disputes with your employer—and mediation is declined, unsuccessful, or a mediation agreement is not honored—you may apply for labor and personnel dispute arbitration with a competent Labor and Personnel Dispute Arbitration Commission in Beijing:
(I)Disputes arising from the confirmation of an employment relationship;
(II)Disputes arising from the conclusion, performance, modification, termination, or expiration of a labor contract;
(III)Disputes arising from removal from the payroll, dismissal, resignation, or separation from employment;
(IV)Disputes concerning working hours, rest and leave, social insurance, employee benefits, training, or labor protection;
(V)Disputes concerning wages, medical expenses for work-related injuries, economic compensation, or damages;
(VI)Other labor disputes as provided for by laws and regulations.
So, how do you apply for arbitration?
► Three original copies of the arbitration application form
► One original copy of the power of attorney
► Identity document (s)
【Beijing】
Address: Building 2, Courtyard 2, Hong'an Street, Lucheng Town, Tongzhou District
Office Hours:
Monday–Friday: 09:00–11:00
Monday–Thursday: 13:00–16:30
【Dongcheng District】
Address: Labor and Personnel Dispute Arbitration Commission of Dongcheng District (27 Jiaodaokounan Street, Dongcheng District, Beijing)
Office Hours: 09:00–11:30 and 13:00–17:00 on working days
【Xicheng District】
Address: Labor and Personnel Dispute Arbitration Commission of Xicheng District (A-306-1 Guang'anmennei Street, Xicheng District, Beijing)
Office Hours: 09:00–11:30 and 13:30–17:00 on working days
【Chaoyang District】
Address: Labor and Personnel Dispute Arbitration Commission of Chaoyang District (Blocks B and C, Building 15, Courtyard 5, Jiangtai Road, Chaoyang District, Beijing)
Office Hours: 09:00–17:00 on working days
【Fengtai District】
Address: Labor and Personnel Dispute Arbitration Commission of Fengtai District (1 Dong'an Jie Santiao Street, Fengtai District, Beijing)
Office Hours: 9:00–12:00 and 13:00–17:00 on working days
【Shijingshan District】
Address: Labor and Personnel Dispute Arbitration Commission of Shijingshan District (11 Gucheng East Street, Shijingshan District, Beijing)
Office Hours: 09:00–12:00 and 14:00–17:30 on working days
【Haidian District】
Addresses:
(1) Labor and Personnel Dispute Arbitration Commission of Haidian District (1F, 65 West 4th Ring North Road, Southeast of Haidian Investment Promotion Building)
Office Hours: 09:00–12:00 and 13:30–17:00 on working days
(2) Zhongguancun Branch of Labor and Personnel Dispute Arbitration Commission of Haidian District (4F, 15 Zhichun Dongli, Haidian District)
Office Hours: 09:00–12:00 and 13:30–17:00 on working days
(3) Malianwa Branch of Labor and Personnel Dispute Arbitration Commission of Haidian District (201, 2F, Yicheng International Center, Malianwa North Road, Haidian District)
Office Hours: 09:00–12:00 and 13:30–17:00 on working days
【Mentougou District】
Address: Labor and Personnel Dispute Arbitration Commission of Mentougou District (Building 1, Courtyard 3, Zhongmensinan Road, Mentougou District, Beijing)
Office Hours: 09:00–17:00 on working days, excluding statutory holidays {Extended service hours:
Weekdays: 08:00–09:00 and 17:00–18:00;
Saturdays: 09:00–15:00 (appointments required)}
【Fangshan District】
Address: Comprehensive Building, Changyangyi Village, Changyang Town, Fangshan District, Beijing (160 meters east of the intersection of Changyang Road and Yangguang Street, Changyang Town, Fangshan District)
Office Hours:
From May to September: 9:00–11:30 and 14:00–17:30 on working days
From October to April: 9:00–11:30 and 13:30–17:00 on working days
【Beijing E-Town】
Address: Labor and Personnel Dispute Arbitration Commission of (Room 302, West Area, 3F, Building A, Longsheng Building (Tower A), A5 Rongchang East Street, Beijing E-Town)
Office Hours: 09:00–12:00 and 13:30–17:30 on working days
【Tongzhou District】
Address: Labor and Personnel Dispute Arbitration Commission of Tongzhou District (F2, Building 4, Yuqiao Xili, Yunhe West Street, Tongzhou District, Beijing)
Office Hours: 08:30–2:00 and 13:30–17:30 on working days
【Shunyi District】
Address: Labor and Personnel Dispute Arbitration Commission of Shunyi District (Counter 2-4 at the Reception Hall for Filing Cases, 1F, North Building, Laodong Building, 26 Beishangpo Road, Shunyi District, Beijing)
Office Hours: 09:00–17:30 on working days (excluding statutory holidays; no extended service hours)
【Changping District】
Address: Labor and Personnel Dispute Arbitration Commission of Changping District (3 Zhengfu Street, Changping District, Beijing)
Office Hours: 08:30–11:30 and 13:30–17:00 on working days
【Daxing District】
Address: Labor and Personnel Dispute Arbitration Commission of Daxing District (90 Huangcunxi Street, Daxing District, Beijing)
Office Hours: 09:00–11:30 and 13:00–17:30 on working days
【Huairou District】
Address: Labor and Personnel Dispute Arbitration Commission of Huairou District (1F, 86 Kaifang Road, Huairou District, Beijing)
Office Hours: 08:30–12:00 and 13:00–17:00 on working days
【Pinggu District】
Address: Labor and Personnel Dispute Arbitration Commission of Pinggu District (1F, Building 60, Leyuanxi Residential Compound, Gufeng Road, Pinggu District, Beijing)
Office Hours:
Mornings: 08:30–11:30 on working days
Afternoons: 14:00–18:00 on working days (Summer); 13:30–17:30 on working days (Winter)
【Miyun District】
Address: Labor and Personnel Dispute Arbitration Commission of Miyun District (South of Quechao Apartment, 25 Guoyuanxi Road, Miyun District, Beijing)
Office Hours: 08:30–11:30 and 13:00–17:00 on working days
【Yanqing District】
Address: Labor and Personnel Dispute Arbitration Commission of Yanqing District (East Building, Backyard, 57 Gaota Street, Yanqing District, Beijing)
Office Hours: 09:00–17:00 on working days
- Processing Procedures and Fees
- Notes
Application and Acceptance: Immediate
Review and Decision: Five working days
Certificate Issuance: Immediate
Fees: Free of Charge
1. The case must fall within the scope of cases accepted under the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes and the Rules for Handling Labor and Personnel Disputes Arbitration Cases (Order No. 33 of the Ministry of Human Resources and Social Security).
Specifically:
- The dispute falls within the legally defined scope of labor and personnel arbitration.
- There is a clear arbitration request and factual basis.
- The applicant is a natural person, legal entity, or other organization that has a direct interest in the case, and the respondent is clearly identified.
- The required application materials are complete.
According to jurisdictional regulations, the applicant must submit a written application to the municipal or district-level labor and personnel dispute arbitration committee.
2. The arbitration application form shall include the following information:
(I) The applicant's full name, gender, date of birth, identity document number, residence address, postal address, and contact number. The name, office address, postal address, and contact number of the employer, as well as the name and position of the legal representative or the main person in charge;
(II) The arbitration requests and facts and reasons supporting the requests;
(III) Evidence and its sources, including any witnesses' names and addresses.
-
What is the time limit for applying for Arbitration of Labor and Personnel Disputes?
-
For items (1), (3), (4), and (5) of No. 2, Article 26, in the Rules for Handling Arbitration Cases on Labor and Personnel Disputes(Order No.33 of the Ministry of Human Resources and Social Security), the limitation of action for Arbitration of Labor and Personnel Disputes is one year. This limitation period is calculated from the date when the involved parties first knew or should have known of the infringement of their rights.
By these same rules, for disputes regarding Article 2, item (2), within the limitation of action, relevant provisions of Civil Service Law shall apply.
When the labor and personnel relationship is in dispute due to wage arrears, the application for arbitration is not subject to the time limit specified above; however, the termination of labor and personnel relations should be submitted within one year of the date of termination.