[Direct answer]If you are not satisfied with the arbitration award in a labor dispute, you should first distinguish between final and non-final awards. For non-final awards, both parties may file a lawsuit with the basic people's court in the employer's location or the place of performance of the labor contract within 15 days from the date of receipt of the award; in the case of a final award, the worker may file a lawsuit within 15 days, and the employer may only apply to the intermediate people's court for revocation under statutory circumstances. According to Articles 48, 49, and 50 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, the lawsuit must be submitted with a complaint, the award, evidence, and identity proof, and the case must be registered within 15 days. Based on the practice in Beijing, jurisdiction is usually determined by the place of performance or the employer's location. It is recommended to immediately record the date of service upon receipt of the award. For more details, please refer to the following link:Labor arbitration and legal services for work-related injury compensation.

I. Problem Background and Typical Scenarios

After receiving an unfavorable ruling, the parties often struggle with the question of "whether they can sue again". Typical scenarios include: workers who are dissatisfied with the compensation amount and plan to sue; employers who attempt to "appeal" the final ruling but are told by the court that they can only apply for revocation; both parties are dissatisfied and sue each other, forming a counterclaim; and because they miss the 15-day filing period, the ruling takes effect and relief is closed. Many people confuse the differences between final and non-final remedies, or miscalculate the service date. Clarifying the process is the first step in initiating litigation. Related procedures can be combined withLabor arbitration and legal services for work-related injury compensationAnalysis and judgment.

II. Key points of contention

There are three key points in the litigation dispute. Firstly, the nature of the case: whether the final and non-final decisions should be "litigation" or "application for revocation", and whether the case should be filed in a basic-level court or an intermediate court. Secondly, the calculation of the time limit: the 15-day time limit starts from the day after receiving the award, and the right to sue will be lost if it is exceeded. Thirdly, the determination of jurisdiction: the case shall be under the jurisdiction of the basic-level court where the employer is located or where the contract is performed. If there are multiple options, the most suitable one should be chosen. For cases involving enforcement coordination, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case servicesAdvance.

III. Professional analysis by Henglue Lawyers

The path of litigation against the ruling is crucial to whether rights can be further realized in the litigation process. This can be seen from the impact on labor dispute cases handled by our firm. Take a case handled by Attorney Feng Na as an example: Li * * * * * joined Beijing A Technology Co., Ltd. as a technical position on November 17, 2022, with a labor contract term until November 16, 2025. The base salary was 35,000 yuan per month plus a performance bonus of 5,000 yuan per quarter. The employment offer stipulated an annual salary of 550,000 yuan, including an end-of-year performance bonus of 110,000 yuan. On March 19, 2025, the company terminated the contract with "economic layoffs" and paid an economic compensation of 9,080 yuan. Li * * * * * argued that the layoffs were illegal because they were not reported to the labor administrative department. On April 10, 2025, the Chaoyang District Arbitration Commission accepted the case and ruled that the labor relationship existed, requiring the company to pay unpaid annual leave wages of 18,602 yuan and the difference in illegal termination compensation of 91,821 yuan. The company claimed that the layoffs were legal and that there was no performance bonus agreement; the attorney pointed out that Article 41 of the Labor Contract Law of the People's Republic of China requires that the economic layoff plan must be reported to the labor administrative department, and the lack of this procedure constitutes an illegal termination. The employment offer is binding on both parties, and the performance bonus should be calculated based on the length of service. 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

The legal basis is Article 50 (non-final litigation period and jurisdiction), Article 48 (worker's right to final litigation), and Article 49 (legal circumstances for the employer to apply for revocation and the 30-day time limit) of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes (effective May 1, 2008). Practical suggestions: Upon receiving the ruling, immediately record the date of service and calculate the 15-day deadline; within 15 days, submit a lawsuit and evidence to the basic-level court with jurisdiction; in final cases, the employer must apply to the intermediate court for revocation and provide evidence of the legal circumstances; before suing, evaluate the possibility of a change in the judgment to avoid blind litigation and increase costs. For evidence organization, it can be combined with other relevant provisions.Business and contract dispute services for enterprisesOrganize and sort out.

5. Henglue Law Firm's Reminder

If you disagree with the arbitration award, don't give up too quickly or exceed the time limit. The key is to complete the filing within 15 days. If the time limit is exceeded, the arbitration award will take effect and the remedies will be closed. The paths to final and non-final judgments are different, and the unit cannot file a general lawsuit. The complaint should focus on the specific errors and claims in the first instance, and be accompanied by a list of evidence. It is recommended to entrust a lawyer to review the arbitration files and summarize the grounds for appeal (litigation). If you need assistance, you can seek help from relevant institutions or professionals.Special services and other case servicesWrite the complaint and organize the evidence.

VI. Frequently Asked Questions

Q1: If I file a lawsuit against an arbitration award and disagree with it, is it guaranteed that the judgment will be overturned?

Prosecution does not necessarily lead to a change in the verdict. Whether the first-instance court changes the verdict depends on whether there are factual findings or legal application errors in the arbitration award, whether there is new evidence, and whether the procedures are illegal. If the original award has clear factual findings and correct application of the law, the court will usually uphold it. It is recommended to conduct a feasibility assessment before suing, focusing on specific errors rather than just expressing dissatisfaction, to avoid blind litigation and increase costs.

Q2: What materials and evidence are needed to file a lawsuit?

The core materials include: the arbitration award and the notice of service (to verify the 15-day time limit), the statement of claim (stating the litigation request and grounds), the identity certificate and the power of attorney, the list of evidence submitted in the first instance and the court hearing transcript, as well as the new evidence to be supplemented in the litigation and the explanation of its sources. The materials should serve the goal of "correcting the errors of the original award". If the materials are submitted after the deadline, a valid reason must be provided.

Q3: How much will the attorney's fees and litigation costs be for a lawsuit?

The litigation fees shall be paid in accordance with the "Measures for the Payment of Litigation Fees" and shall be paid in stages based on the amount of the litigation request, with the losing party bearing the cost or sharing it proportionally; the attorney's fees shall be determined according to the complexity of the case and the amount of the subject matter, as agreed in the entrustment contract, without a unified standard. It is recommended to evaluate the potential benefits before suing, compare the costs and benefits with the attorney's fees and litigation fees, and make rational choices when there is obviously no room for a change in the judgment.

Q4: How long does it usually take to get the results after filing a lawsuit?

The first-instance ordinary procedure shall be concluded within six months and the summary procedure within three months; small labor cases with clear facts are mostly subject to the summary procedure. If the party is not satisfied with the first-instance judgment and appeals, the second-instance procedure generally takes three months. Overall, it usually takes several months to more than half a year from filing the lawsuit to the final review. It is recommended to apply for property preservation when filing the case to prevent the other party from transferring property and shorten the recovery period of the payment.

Q5: If I'm not satisfied with the ruling, how exactly do I file a lawsuit?

Here's the translation of the Chinese (Simplified) sentence into English, with a detailed explanation: Suggested four steps: First, confirm the start date of the 15-day appeal period from the date of receipt of the arbitration award record; Second, draft the lawsuit statement, stating the litigation request, facts, and legal basis, and attach a list of new evidence; Third, submit the materials to the basic-level court at the employer's location or the contract performance location within the time limit and register the case; Fourth, wait for the court hearing and cooperate in submitting supplementary opinions. In finalized cases, workers can also file a lawsuit within 15 days, while employers must apply to the intermediate court for revocation. Throughout the process, retain the delivery receipt and legal documents, and if necessary, engage a lawyer to assist.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limits.Labor arbitration legal services·Attorney Feng Na·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current 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. In the event of a dispute, please consult a practicing lawyer promptly.