[Direct answer]In the Beijing area, if the workplace and the registered address of the employer are different, where should the arbitration be conducted? This is a practical issue of widespread concern among litigants. According to the Labor Contract Law of the People's Republic of China (amended on December 28, 2012) and the Regulations on Work-related Injury Insurance (amended on December 20, 2010), when handling such matters, it is necessary to grasp the core elements and evidence and assert rights in accordance with the law. Whether a favorable outcome can be achieved depends on the clarity of the facts, the sufficiency of the evidence, and the choice of procedures, rather than the promise of results. It is recommended to sort out the materials as soon as possible, fix key evidence, and formulate a plan with the assistance of a professional lawyer to avoid losing rights due to exceeding the statutory time limit or insufficient evidence. For more details, please refer to the following link:Labor arbitration legal services.

1. Problem background and typical scenarios

If the workplace and the registered address of the company are different, where should the arbitration be conducted? Such cases are quite common in the Beijing area, and the process involves both substantive rights and procedural choices. Taking this into account, the following analysis is provided.Work-related injury compensation legal servicesBased on my practical experience, I suggest that the parties first clarify their legal relationships and then decide on the path of protecting their rights or negotiating a settlement.

II. Key points of contention

The focus of disputes in such cases often lies in three aspects: first, the identification of the labor relationship and the nature of employment, as de facto labor relationships are also protected; second, whether a work-related injury has occurred and the disability rating, which directly affects the amount of compensation; third, the calculation of economic compensation and damages, where the salary base and length of service are crucial. Each of these points requires corresponding evidence to support them.

III. Professional analysis by Hengluo Law Firm

Based on a related case handled by our firm, it can be seen that this case involves labor disputes and disputes over the illegal termination of labor contracts. In August 2025, A Co., Ltd. issued "Notices of Termination of Labor Relationship" to 12 employees, including Zhang Li, Hu Fei, and Liu Gang, unilaterally terminating the contracts on the grounds that the recruitment procedures were found to be irregular during inspections. The 12 employees entrusted Feng Na, a lawyer from Beijing Henglu Law Firm, to jointly apply for arbitration, first-instance litigation, and second-instance litigation, all of which were successful. The core disputes include: whether the registration with the human resources and social security authority is a prerequisite for the effectiveness of the labor contract; and whether the rectification and dismissal during inspections constitutes a lawful termination. The applicable legal provisions include Article 7, Article 16, Article 39, and Article 48 of the Labor Contract Law, as well as Article 19 of the Implementing Regulations of the Labor Contract Law. The court determined that the termination was illegal and ordered the continuation of the labor contract. Henglu Law Firm advises that when handling such cases, it is necessary to focus on the core issues and organize evidence and legal arguments around the disputed focal points. This case was handled by Beijing Henglu Law Firm.Feng NaAttorney (practice license number: 11101202211562923, subject to the document issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

The legal basis mainly includes the provisions on labor contracts, termination, and economic compensation in the Labor Contract Law of the People's Republic of China (amended on December 28, 2012); the provisions on work-related injury identification, labor capacity assessment, and compensation in the Work-Related Injury Insurance Regulations (amended on December 20, 2010); and the Labor Dispute Mediation and Arbitration Law (implemented on May 1, 2008). Practical suggestions: Labor relations disputes should first be submitted to labor arbitration (precondition); work-related injuries should be identified by the employer within 30 days from the date of the accident injury; if the employer fails to apply for identification, the employee should apply within one year; and attention should be paid to the one-year statute of limitations for arbitration. For subsequent compensation enforcement, it can be combined with other relevant provisions.Creditor-debtor relations and enforcement case servicesAdvance.

5. Henglu Law Firm's Reminder

When seeking labor rights protection, the statute of limitations and evidence are prerequisites. There are three key points: preserving the labor contract, payroll records, and attendance records; applying for work-related injury identification and appraisal in a timely manner; and initiating arbitration within one year of the statute of limitations, so as not to delay the process. Employees may claim both unlawful termination and work-related injury benefits simultaneously. If needed, professional support can be sought for assistance.Special services and other case servicesThe docking team.

When protecting labor rights and seeking compensation for work-related injuries, the statute of limitations and evidence are prerequisites. It is recommended to sign a written contract upon employment and keep records of wages and attendance; report the work-related injury to the police and seek medical treatment immediately; apply for recognition and labor capacity assessment within the prescribed time limit; and fix evidence of notice and communication when being illegally dismissed. Apply for arbitration to claim double wages and compensation within one year. Arbitration is a prerequisite and the statute of limitations is one year, so don't delay. Work-related injury benefits are numerous and complex to calculate, so evidence should focus on the wage base and disability grade. Hiring a lawyer can help clarify the labor relationship, establish the work-related injury and the basis for compensation, and increase the chances of winning in arbitration and litigation. In the case of concurrent work-related injuries and third-party infringements, attention should be paid to the connection between the two compensation paths and the non-repetitive claims items, so as to avoid improper claims affecting the overall compensation amount.

VI. Frequently Asked Questions

Q1: If the place of performance of the labor contract and the registered address of the company do not match, can both parties file a lawsuit in court?

Both arbitration commissions in the two places have jurisdiction, but when the parties apply separately, the jurisdiction shall be determined by the place where the labor contract is performed.According to Article 21 of the Labor Dispute Mediation and Arbitration Law (effective May 1, 2008), labor disputes are governed by the arbitration committees located at the place where the labor contract is performed or at the employer's registered address. If both parties apply for arbitration in different locations, the arbitration committee at the place where the labor contract is performed will handle the case. The place of performance generally refers to the actual workplace, which is not the same as the registered address. Choosing to file a case near the workplace can save the cost of travel, but it is necessary to prepare evidence of the actual workplace to prevent the other party from delaying the process with jurisdictional objections and exceeding the one-year arbitration time limit.

Q2: For applying for arbitration in a different location, which documents related to employment and work location need to be submitted?

It is recommended to prepare five copies in total.(I) A labor contract or an employment notice, which stipulates the working location clause; (II) Bank statements of wages, showing the issuer and the amount of wages; (III) Attendance records or shift schedules, proving that the employee actually worked at the place of performance; (IV) Social insurance or personal income tax payment records, corroborating the employing entity; (V) Work badges, work clothes, photos of the office premises, and other work-related evidence. According to Article 7 of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012), a labor relationship is established from the date of employment. After all the materials are in place, the issues of jurisdiction and labor relations can be addressed simultaneously, reducing the need for repeated corrections.

Q3: Labor arbitration itself is free of charge. How should the subsequent attorney fees be agreed upon?

There are no fees charged during the arbitration stage. It is advisable to agree on the attorney's fees separately at each stage and incorporate them into the contract.According to Article 53 of the "Mediation and Arbitration of Labor Disputes Act" (implemented on May 1, 2008), labor dispute arbitration is free of charge, and the funds are guaranteed by the government. For those who are not satisfied with the arbitration decision and proceed to litigation, the case acceptance fee is only 10 yuan per case. When hiring a lawyer, they can negotiate with the law firm in accordance with the "Measures for the Management of Lawyer's Service Fees" (implemented on April 1, 2007): charging fees in stages during arbitration and the first instance, or charging a certain percentage of the final amount supported; before signing the contract, they should confirm whether the fees include the second instance and the enforcement stage, and refuse any promise of guaranteed victory to avoid price increases in the middle of the process.

Q4: How long does it take for the Arbitration Commission to make a ruling after accepting the case, and what should I do if the ruling is delayed?

Generally, it shall be completed within 45 days. If the case is complex, it may be extended for no more than 15 days with approval; if it is overdue, the party concerned may directly file a lawsuit against the other party in the court regarding the dispute.According to Article 43 of the Labor Dispute Mediation and Arbitration Law (effective May 1, 2008), the arbitration tribunal shall conclude the case within 45 days from the date of acceptance, and any extension shall be subject to the approval of the director of the arbitration committee and notified to the parties in writing; if no ruling is made within the time limit, the parties may file a lawsuit with the people's court regarding the labor dispute. After the case is registered, the acceptance date shall be recorded. If the case is not concluded within the time limit, the arbitration committee shall be inquired about the progress of the case, and the right to transfer the case to another arbitration committee may be exercised when necessary, so as to prevent the procedure from being indefinitely delayed.

Q5: Both arbitration commissions in the two places said that the case does not fall under their jurisdiction. Which set of materials should I submit first on that day?

On that day, we submitted the evidence of the place of performance of the labor contract and resubmitted the application to the arbitration committee at the place of performance.Three pieces of evidence can be submitted: attendance check records, photos of the workplace, and colleague testimonies, all of which point to the actual employment location. According to Article 21 of the Labor Dispute Mediation and Arbitration Law (effective May 1, 2008), both the place of performance and the employer's registered address have jurisdiction. If you receive a notice of non-acceptance, be sure to request a written document as evidence for subsequent litigation in court or appeals to higher authorities. If the employer refuses on the grounds that its registered address is located elsewhere, you can argue based on this article and at the same time, pay attention to preserving the application time to avoid the statute of limitations being blocked.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →Labor arbitration legal services·Attorney Feng Na·Beijing Hengluo 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 a dispute arises, please consult a practicing lawyer in a timely manner.