[Direct answer]In the Beijing area, if the work location and the registered address of the employing unit are not the same, both arbitration institutions in the two locations have jurisdiction, and applicants can choose the one closest to them. According to Article 21 of the "Mediation and Arbitration Law of the People's Republic of China on Labor Disputes" (implemented on May 1, 2008 and amended on December 28, 2012), labor disputes shall be governed by the labor dispute arbitration committee at the place where the labor contract is performed or at the place where the employing unit is located; if the parties apply for arbitration in two different locations, the arbitration committee at the place where the labor contract is performed shall have jurisdiction. In practice, the place where the labor contract is performed generally refers to the place where the worker actually provides labor and accepts management, and the place where the employing unit is located is its registered and registered address. It is recommended to apply at the actual work location first, which is convenient for obtaining evidence such as attendance records and salaries, and for attending court hearings. For reference only.Work-related injuriesColumn.

1. Problem background and typical scenarios

These types of issues often arise in several scenarios: First, employees who work in Beijing for a long time but whose companies are registered elsewhere may not know where to apply for unpaid wages or compensation after being laid off; Second, in the case of posted workers, the contract is signed by the headquarters but the actual work is carried out at the project site, and the arbitration commissions in both locations have different opinions on jurisdiction; Third, there is a new form of employment involving home-based work and frequent relocation, where it's unclear where the actual workplace is located; Fourth, in the case of dispatched workers, the employing unit and the dispatching unit are located in different places; Fifth, after applying for arbitration in one location, the other party raises a jurisdiction objection, leading to a repetitive process. In practice in the Beijing area, the actual workplace and the registered address are usually first identified to determine jurisdiction. Workers can choose to apply in the location that is more convenient for evidence collection and court hearings.

II. Key points of contention

Focus 1: Jurisdiction rules. Both the arbitration committee at the place where the labor contract is performed and the arbitration committee at the employer's location have jurisdiction over the labor contract. Focus 2: Handling conflicts between the two jurisdictions. If both parties apply for arbitration in different locations, the arbitration committee at the place where the labor contract is performed shall have jurisdiction. Focus 3: Determining the place of performance. Generally, the actual workplace where the worker provides labor shall prevail, rather than the location specified in the contract or the registered address. Focus 4: Application of compensation standards. Matters such as minimum wage, labor protection, and the average monthly wage of employees in the previous year shall, in principle, be implemented in accordance with the regulations of the place of performance. Focus 5: Time limit for raising jurisdiction objections and review criteria. Focus 6: The impact of wage standards, social insurance payment locations, and jurisdiction locations on the compensation base. Specifically, the applicable laws, regulations, and judicial rulings shall prevail.

III. Professional analysis by Henglue Law Firm

Taking the labor dispute case of illegal termination of employment handled by our firm as an example, we can see the convenience of applying for arbitration at the actual workplace. Zhou * joined a Beijing-based food company as a sales director in June 2023 and worked in Beijing on a long-term basis. The company terminated the labor contract on April 30, 2024, citing "falsely reporting subsidies and seriously violating company rules", and refused to pay unpaid annual leave wages and compensation. Zhou * applied for arbitration to the arbitration committee at the place of performance of the labor contract, and both the evidence collection and the court hearing were completed locally. The lawyer pointed out that the company failed to provide evidence of signing the rules and lacked proof of actual losses, making the termination unfounded; the company's rule of "annual leave being voided in the same year" contradicts the provisions of the "Regulations on Paid Annual Leave for Employees" (effective January 1, 2008), which allows annual leave to be arranged across multiple years; the employer bears the burden of proof for the legality of the termination, while the employee only submits a preliminary report and requires multiple levels of review, which does not meet the criteria for serious dereliction of duty. The arbitration supported Zhou *, and the court ordered the company to pay unpaid annual leave wages of 5,000 yuan and compensation for illegal termination of 33,000 yuan. This case shows that applying for arbitration at the actual workplace of the worker not only complies with jurisdiction rules, but also facilitates the collection and cross-examination of key evidence such as attendance records and wages. This case was handled by Beijing Henglu Law Firm.Feng NaThe attorney (practice license number: 11101202211562923, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: 1. First, secure evidence of the actual workplace before determining jurisdiction, such as photos of workstations, access control and attendance records, the office location's mailing address, and location records from work group chatrooms. 2. If both locations can exercise jurisdiction, prioritize the location where the evidence is located or the one that is more convenient for you to attend court hearings. 3. If you're concerned that the other party might file a lawsuit in a different location first, you can file a lawsuit in the performance location first. 4. When claiming compensation, pay attention to applying the standards of the performance location. Unless otherwise agreed, the higher standards of the registration location apply. 5. If you have objections to jurisdiction, raise them during the defense period and provide legal justifications. Legal basis: - Article 21 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China (effective May 1, 2008, amended on December 28, 2012) governs the handling of jurisdiction conflicts between two locations. - Article 14 of the Implementing Regulations of the Labor Contract Law of the People's Republic of China (effective September 18, 2008) stipulates that when the standards of the labor contract's performance location and registration location differ, matters such as minimum wage, labor protection, and average monthly wages of employees shall be governed by the relevant provisions of the performance location. - For reference, key provisions of relevant legal documents can be found here: [Link].Special services and other casesColumn.

5. Henglu Law Firm's Reminder

Risk Warning: Firstly, although there are two locations to choose from, the place of performance takes precedence. The transportation and evidence collection costs of arbitration in different locations cannot be ignored. Secondly, under new forms such as mobile employment and home office, the identification of the actual workplace is prone to disputes, and daily record-keeping is particularly important. Thirdly, the compensation standard is generally implemented according to the place of performance. The differences in the application of the wage base and the social average wage when employing workers across regions will directly affect the amount of compensation. Fourthly, it is advisable to clarify the jurisdiction issue before filing a lawsuit, as repeated procedures will prolong the overall cycle. It is recommended to consult before filing a lawsuit.Beijing Henglu Law FirmFor similar columns on the official website, determine the most advantageous application location.

VI. Frequently Asked Questions

Q1: How is the place of performance of the labor contract determined?

Generally, it refers to the place where workers actually provide labor and accept employment management, which is determined by comprehensively considering factors such as attendance punching, office premises, and actual work content, rather than just looking at the location specified in the labor contract or the company's registered address. For those who work from home or travel to multiple locations, the place where the main working hours and work content occur can be identified. In case of disputes, the arbitration committee will review attendance records, workstation usage, office equipment, and witness testimonies to determine the location comprehensively.

Q2: The company is registered in Shanghai, but the employees work in Beijing. Where should they apply for arbitration?

Beijing, as the place of performance of the labor contract, has jurisdiction, and Shanghai, as the location of the employer's headquarters, also has jurisdiction. Either location can be chosen for application. If both parties apply for arbitration in two different locations, the arbitration committee in Beijing, the place of performance of the labor contract, will have jurisdiction. It is recommended to apply for arbitration in Beijing first, which will facilitate the collection of evidence such as attendance records, pay slips, and witness statements, as well as attendance at the trial, thereby reducing the cost of traveling to different locations.

Q3: What should I do if the other party files an arbitration case in a different location before I do?

You can file a jurisdictional objection with the arbitration commission that accepts the case, explaining that the case falls under the jurisdiction of both places and the reasons for the transfer; you can also apply for arbitration with the arbitration commission at the place where the labor contract is performed for the same dispute, and the arbitration commission at the place of performance shall have jurisdiction. In practice, you should communicate with the accepting courts in both places as soon as possible about the case's connection, avoid parallel procedures and conflicting rulings, and, if necessary, entrust a lawyer to coordinate the procedures in different places and focus on resolving the dispute in one place.

Q4: If the arbitration is conducted in different places, will the compensation standards be different?

There will be an impact. According to Article 14 of the Implementing Regulations of the Labor Contract Law of the People's Republic of China (implemented on September 18, 2008), when the place of performance is not consistent with the registered address, the minimum wage standard, labor protection, working conditions, and the average monthly wage of workers in the previous year shall be implemented in accordance with the provisions of the place of performance; if the standard at the registered address is higher and the parties agree to apply the standard at the registered address, the standard at the registered address shall prevail. Particular attention should be paid to the differences in the application of standards when calculating the base for economic compensation and work-related injury benefits.

Q5: If there is no signed labor contract and the place of performance is unclear, how can jurisdiction be determined?

If the place of performance is not clear, it shall be determined according to the actual workplace; if it is still impossible to determine, the applicant may apply to the arbitration committee at the employer's location. In practice, the case may first be filed in one location, and the arbitration committee shall review the jurisdiction and issue an opinion. Cases determined to be outside the jurisdiction will be transferred or directed to apply elsewhere, and the substantive rights will not be affected. It is recommended to prepare both the actual work evidence and the unit's registration information and keep them on hand, and then determine the path based on the filing feedback.

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, so as to avoid missing the statutory time limit. →Labor arbitration legal services·Attorney Feng Na·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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 you encounter disputes, please consult a practicing lawyer in time.