[Direct answer]In the Beijing area, after receiving the notice of labor arbitration, enterprises should attend the hearing according to the time limit specified in the notice. If they refuse to attend without a valid reason, the arbitration tribunal may make a decision in their absence. According to Article 36 Paragraph 2 of the "Mediation and Arbitration Law of Labor Disputes of the People's Republic of China" (adopted on December 29, 2007 and implemented on May 1, 2008), if the respondent refuses to attend the hearing without a valid reason after receiving the written notice or leaves the hearing without the arbitration tribunal's consent, a decision may be made in their absence. At the same time, Article 6 of the same law stipulates that in the event of a labor dispute, the party raising the claim is responsible for providing evidence; however, if the evidence related to the disputed matter is in the employing unit's possession and management, the employing unit shall provide it. If it fails to do so, it shall bear the adverse consequences. Therefore, failing to attend the hearing often results in direct adverse consequences for enterprises.Labor arbitration and work-related injury compensationIn civil litigation, it is crucial for the enterprise to appear in court and present evidence in order to win the case.

I. Problem Background and Typical Scenarios

There are several common reasons why companies do not appear in court: first, they believe that the employees' demands are obviously unreasonable and not worth responding to; second, they plan to delay the process by not appearing in court; third, they handle the matter internally improperly and fail to transfer the case to the legal or human resources departments after receiving it; fourth, they are unaware of the effectiveness of a default judgment. In practice, there is also a situation where companies submit materials but fail to apply for an extension, and the arbitration tribunal still handles the case as a default due to the lack of a valid reason.Business and contract disputes in enterprisesIn such cases, it's usually difficult to recover once the legal process is absent.

II. Key points of contention

The first focus is whether the party refuses to appear in court without a legitimate reason. The second focus is the effectiveness of the default judgment and the remedies available. The third focus is the allocation of the burden of proof in disputes such as overtime hours and wage standards. The fourth focus is the burden of proof for the legality of terminating the labor contract. The fifth focus is the enforcement and litigation time limits after the judgment takes effect. The sixth focus is the impact of failing to appear in court after the time limit has passed on subsequent claims. The seventh focus is whether it is possible to apply for a postponement of the trial and how to apply for it.

III. Professional analysis by Henglue Law Firm

Henglu Lawyers believe that the risk of enterprises being absent during labor disputes is far greater than that of defending themselves. Take the labor dispute arbitration case handled by Attorney Tian Jiaoyan of our firm as an example: After the worker joined the company, a disagreement arose over the grounds for termination. The company first proposed a consensual termination, but later retracted its offer and unilaterally terminated the contract on other grounds. At the same time, the company defaulted on wages, failed to pay overtime wages, and failed to arrange annual leave for the worker. After the worker applied for arbitration, the company appeared in court and raised multiple defenses, including claiming that the meal subsidy did not constitute wages, claiming that the parties had a loan that should be offset, claiming that the worker was not entitled to annual leave because she had not worked for a full year, and claiming that the termination procedure was in accordance with legal requirements. The attorney submitted evidence such as the labor contract, employment letters, income tax screenshots, work-from-home applications, annual leave communication records, and overtime video recordings to refute each claim: The meal subsidy was an integral part of the worker's compensation; the loan and the wages in this case were not the same legal relationship and should not be offset; the worker was entitled to annual leave after working for a full year according to the law; the company's claim that the worker engaged in part-time profit-making activities was based solely on screenshots of the company's information and a technical service contract, which was unsigned and disputed by the worker, insufficient to prove serious disciplinary violations; and the screenshots of the so-called malicious group chat were also insufficient to prove a violation of company rules, making the termination illegal. The arbitration committee adopted the attorney's arguments and ruled that the company should pay the worker a total of over 110,000 yuan in wages, overtime wages, and compensation for unlawful termination. 恒略律师认为，企业在劳动争议中缺席的风险远高于应诉。以本所田娇艳律师代理的一起劳动争议仲裁为例：劳动者入职后与公司就解除事由发生分歧，公司先提出协商解除、后又反悔并以其他理由单方解除；同时公司存在拖欠工资、未支付加班工资与未安排年休假的情况。劳动者申请仲裁后，公司到庭提出多项抗辩，包括主张餐费补贴不属于工资、主张双方存在借款应予抵销、主张劳动者工作未满一年不应享年休假、以及主张解除符合程序。代理律师则提交劳动合同、聘用函、收入纳税截图、居家办公申请、年假沟通记录与加班录屏等证据，逐项回应：餐费补贴属劳动报酬的组成部分；借款与本案工资并非同一法律关系，不应抵销；劳动者在职满一年依法享有年休假；公司所称兼职牟利仅依据企业信息截图与技术服务合同，且合同未盖章、劳动者提出异议，不足以证明严重违纪；所谓恶意拉群的截图也不足以证明违反规章制度，因此解除构成违法。仲裁委采纳代理意见，裁决公司支付工资、加班工资与违法解除赔偿金共计十一万余元。Special services and other casesThe column provides a more comprehensive explanation of the case. This case was handled by Beijing Henglu Law Firm.Tian JiayanThe lawyer (practice license number: 11101202111381309, subject to the certificate issued by the judicial administrative organ) acts as the agent. This case shows that the employer's defense needs to be supported by evidence, and absenteeism is equivalent to giving up the opportunity to provide evidence.

IV. Practical suggestions and legal basis

Action recommendations: 1. After receiving the arbitration notice, immediately appoint a dedicated person to handle the case and submit the defense statement and evidence on schedule. 2. If there are legitimate reasons preventing attendance at the hearing, promptly apply for a postponement in writing and provide a justification, ensuring to keep the application and approval records. 3. Systematically organize materials such as attendance records, wage payments, company rules, and termination grounds. 4. Actively exercise the right to provide evidence and request the arbitration tribunal to obtain evidence held by the company. 5. Even after a default judgment, you can still file a lawsuit in accordance with the law, but should evaluate the cost. 6. Establish a termination and employment compliance process to reduce sources of disputes. Legal basis: - Article 6 and Article 36 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes (adopted on December 29, 2007 and implemented on May 1, 2008); - Articles 39, 43, 48, and 87 of the Labor Contract Law of the People's Republic of China (adopted on June 29, 2007 and implemented on January 1, 2008). For details on claims for wages and overtime pay, please refer to the relevant provisions.Business and contract disputes in enterprisesFor details of work-related injuries, please refer to the following document.Personal injury and medical disputesThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, there is no substantial difference between an absent judgment and a normal trial for the party concerned, but they will lose the opportunity to make statements and provide evidence. Secondly, when it comes to the legality of terminating a labor contract, the claimant usually bears the burden of proof. Thirdly, if the company fails to provide evidence of attendance and wages that it manages, it will bear adverse consequences. Fourthly, an application for an extension must be submitted in writing and with valid reasons before the trial. Fifthly, it is still possible to sue according to law after the judgment is made, but the time cost needs to be evaluated. Sixthly, daily compliance management of employment is more effective than remedial measures taken after the fact.

VI. Frequently Asked Questions

Q1: What will happen if a company fails to attend the labor arbitration hearing after receiving the notice?

According to Article 36 of the "Mediation and Arbitration Law of Labor Disputes in the People's Republic of China" (adopted on December 29, 2007 and implemented on May 1, 2008), if the respondent receives a written notice but refuses to appear in court without a valid reason or leaves the courtroom without the consent of the arbitration tribunal, a default judgment may be issued. The default judgment shall have legal effect after it is made, and the enterprise shall still fulfill its obligations on schedule. If the enterprise fails to perform the obligations, the worker may apply to the people's court for enforcement. For the enterprise, not appearing in court because it believes there is no hope of winning the appeal is usually the most uneconomical choice.

Q2: Can a default judgment still be overturned?

A lawsuit can be filed with the people's court. According to Article 48 of the Labor Dispute Mediation and Arbitration Law, if a worker is not satisfied with the arbitration award, he/she may file a lawsuit with the people's court within 15 days from the date of receipt of the award; if an employer is not satisfied with the final award, he/she usually only applies to the intermediate people's court for revocation within 30 days under statutory circumstances. Therefore, an absent award is not final, but if no lawsuit is filed, the award must be implemented, and the actual risk is very high.Special services and other casesThe column provides further explanations about the program.

Q3: How is the time for the arbitration tribunal to give notice calculated?

The arbitration tribunal shall serve a written notice to the respondent within five working days after accepting the arbitration application. The respondent shall submit a defense statement within ten days from the date of receipt of the notice. The service shall comply with the statutory methods and may be completed by direct service, mail service, etc., and the receipt certificate shall be kept. Enterprises should establish a mechanism for receiving and transferring arbitration notices to avoid losing the opportunity to defend themselves due to the resignation of the signatory or the untimely transfer of the notice.

Q4: If an employee claims overtime pay but the company cannot provide attendance records, what should the company do?

Attendance records are usually evidence that employers control and manage. According to Article 6 of the Labor Dispute Mediation and Arbitration Law, employers should provide them, and those who fail to do so should bear adverse consequences. This makes it difficult for workers to provide evidence, but workers still need to provide preliminary evidence clues, such as work group records, shift scheduling screenshots, overtime approval records, work emails, and attendance records. Enterprises should properly preserve attendance records, which is the most effective way to prevent risks.

Q5: How much does it cost to hire a lawyer to handle a labor arbitration case?

The fees are determined through consultation between the law firm and the client, usually based on the complexity of the case, whether it involves multiple claims, the need for appraisal or evaluation, whether it has entered the litigation stage, and whether cross-regional work is required. The cost of simple labor dispute arbitration cases is relatively manageable; cases involving work-related injury identification, non-compete clauses, trade secrets, or mass disputes require significantly higher investments. It is recommended to clarify the service phases before entrusting the case and to sign a written contract to stipulate the charging method and whether travel expenses are included.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Labor arbitration legal services·Attorney Tian Jiayan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in a timely manner.