[Direct answer]When an enterprise receives a notice of a labor arbitration hearing, it should not ignore it. Instead, it should immediately do four things: check the arbitration request and factual grounds of the applicant, submit a written defense within ten days after receiving a copy of the arbitration application, organize and submit evidence on time, and appoint an agent to attend the hearing. According to Article 30 of the Labor Dispute Mediation and Arbitration Law, the arbitration tribunal shall notify both parties in writing five days before the hearing; the employer shall bear the burden of proof for the evidence under its control, and those who refuse to attend the hearing without a valid reason may be adjudicated in absentia. You can entrust Beijing Henglu Law Firm to handle this matter.Labor arbitration lawyerPlease refer to the detailed response to the lawsuit for more information.Beijing Henglu Law Firm.

I. Problem Background and Typical Scenarios

Companies are often sued by employees for arbitration, particularly in situations involving the termination of labor contracts, unpaid wages and overtime pay, unpaid annual leave compensation, double wages for failing to sign written contracts, and work-related injury compensation. In practice, many business owners either try to "delay" after receiving the notice, or defend themselves based on their own feelings, only to find themselves in a passive position due to missing the ten-day defense period, incomplete evidence submission, or unfamiliarity with procedural rules. In fact, the arbitration process sets clear time limits for both parties. The more prepared the company is, the greater the room for reducing unreasonable requests and promoting mediation; a passive response is likely to result in adverse consequences due to inability to provide evidence.

II. Key points of contention

  • The burden of proof is tilted in favor of the employer: Evidence related to the disputed matters is in the possession and management of the employer, such as attendance records, wage payment records, and the texts of rules and regulations. The employer shall provide such evidence, and if the employer fails to do so, the employer shall bear adverse consequences (Article 6 of the Labor Dispute Mediation and Arbitration Law).
  • The time limits for the arbitration process are strictly defined: the respondent shall submit a defense statement within ten days after receiving a copy of the arbitration application; the parties shall be notified in writing five days before the hearing; if there are justifiable reasons for an extension, the request for an extension shall be made three days before the hearing, and the decision on whether to extend the time limit shall be made by the arbitration committee (Article 30 of the Labor Dispute Mediation and Arbitration Law).
  • Final arbitration restricts remedies: For disputes involving claims for labor remuneration, economic compensation, or damages not exceeding twelve months' worth of the local minimum wage, the arbitration decision is final for the employer, and the company cannot file a lawsuit. Instead, it can only apply to the intermediate people's court for revocation in accordance with the law (Article 47 of the Labor Dispute Mediation and Arbitration Law).

III. Professional analysis by Henglue Lawyers

The core of responding to a lawsuit is to clarify the three aspects of "facts, systems, and procedures". Taking a case of illegal termination handled by Henglue Law Firm as an example: A certain innovative company terminated the labor contract of an employee on the grounds of "privately transferring business to a personal company for profit and maliciously creating a group chat beyond authority". In the arbitration, the company only submitted screenshots of the enterprise information and an unstamped technical service contract. The employee disputed the validity of the contract, and the screenshots of the work group chat were insufficient to prove serious disciplinary violations. The arbitration committee ultimately ruled that the company should pay the employee a total of 118,879.36 yuan in wages, overtime pay, and compensation for illegal termination. This case exposed three common problems in corporate litigation: the facts on which the termination was based lacked sufficient evidence, the connection between the rules and regulations and the termination notice was disjointed, and the defense substituted "attitude" for evidence. After receiving the notice of the hearing, the company should first compare the employee's claim amount with the statutory standards item by item, then fix the evidence group by group around attendance records, payrolls, publicized and signed rules, and the basis for termination, and finally evaluate the mediation space - the comprehensive cost of mediating and settling the case before and after the hearing is significantly lower than that of losing the case and enforcing the judgment.

IV. Practical suggestions and legal basis

Action List: ① Submit a written defense within ten days, responding to the arbitration request item by item and clarifying any objections to the amount and calculation methods; ② Submit a list of evidence in accordance with the arbitration committee's requirements in a single batch, with a focus on labor contracts, original attendance records, payroll records, rules and regulations, and proof of receipt of public notices, as well as documents of termination or dismissal; ③ Assess the risk of losing the case and the compensation range, and calculate the base amount and duration of economic compensation or damages; ④ Authorize an agent to participate in pre-trial mediation. Legal basis: Article 6 of the Labor Dispute Mediation and Arbitration Law (Employers shall provide evidence under their management); Article 30 (Notice of defense and hearing); Article 43 (The arbitration shall be concluded within 45 days from the date of acceptance, with a possible extension of 15 days); Article 39 of the Labor Contract Law (Conditions for termination due to fault). For those who need to systematically improve their employment system, they may refer to the following:\nCorporate long-term legal advisory services.

5. Henglu Law Firm's Advice

The case is handled byTian JiayanThe attorney (practice license number: 11101202111381309, subject to the document issued by the judicial administrative organ) represented the above-mentioned case. The ruling of more than 119,000 yuan reminds enterprises that the quality of litigation directly determines the amount of compensation. After receiving the notice of the trial, they should seal the attendance and salary data as soon as possible, evaluate the reasonableness of each request, and entrust a lawyer when necessary.Labor arbitration and work-related injury compensation lawyerWhen intervening in the defense and mediation, one must not evade litigation by delaying the response or failing to attend the court hearing.

Q1: Can I not attend the arbitration hearing if I receive the notice for the hearing?

No. If the respondent receives a written notice and refuses to appear in court without a valid reason, or leaves the courtroom without the arbitration tribunal's consent, the arbitration tribunal may make a decision in absentia (Article 36 of the Labor Dispute Mediation and Arbitration Law). Being absent means giving up the opportunity to cross-examine and defend. The employee's request is likely to be fully supported, and even the most favorable evidence held by the enterprise cannot be presented. If it is truly impossible to attend the hearing due to force majeure or other valid reasons, the respondent should apply for a postponement in writing and attach supporting materials three days before the hearing. Whether the postponement is granted shall be decided by the arbitration committee. A more secure approach is to entrust a lawyer to attend the hearing on their behalf.

Q2: How to write a targeted defense statement for labor arbitration?

The defense statement should respond to the arbitration request item by item and cannot make general denials. It is structured into three parts: First, a complete statement of the facts, including the date of employment, position, contract and wage agreements, and the timeline of the dispute; Second, legal opinions on each request, such as whether it exceeds the one-year arbitration statute of limitations, whether the facts are established, and whether the calculation of the amount complies with legal standards (for example, the calculation of the base amount of compensation and the years of service); Third, a corresponding list of evidence. The key is to specify the specific calculation method for the amount of the dispute, so that the arbitrator can directly verify your figures rather than just giving a conclusive denial.

Q3: The company holds all the evidence such as attendance records and salary slips. Should I hand them over or not?

It is mandatory to submit the evidence, and the original documents must be provided. According to Article 6 of the Labor Dispute Mediation and Arbitration Law, if the evidence related to the disputed matters is in the employer's possession and control, the employer shall provide it. If the employer fails to do so, it shall bear the adverse consequences. In practice, the arbitration tribunal may directly accept the facts and amounts claimed by the employee. It is even more important to be vigilant against "selective submission": only submitting favorable evidence and concealing the complete attendance records. Once the other party applies for retrieval or appraisal, the lack of integrity will lead to a decrease in the credibility of all the evidence. The correct approach is to comprehensively sort out the evidence and let lawyers screen and organize it for submission, rather than concealing it.

Q4: What can the company do if it disagrees with the ruling?

It can be divided into two categories: For non-final arbitration awards (such as disputes involving an amount exceeding twelve months of the local minimum wage), the company may file a lawsuit with the people's court within 15 days from the date of receiving the award. If the company fails to file a lawsuit within the time limit, the award will take legal effect. For small-amount final arbitration awards, such as claims for labor remuneration, economic compensation, or damages, the company cannot file a lawsuit. Instead, it can only apply to the intermediate people's court for revocation within 30 days from the date of receiving the award, if there is evidence to prove that there are errors in the application of laws and regulations, lack of jurisdiction, violation of legal procedures, forgery of evidence, or concealment of key evidence by the other party (Article 49 of the Labor Dispute Mediation and Arbitration Law). After receiving the award, the company should first determine the type and then choose the appropriate remedial path.

Q5: Is it worthwhile to reach a settlement before the trial?

In most cases, it's worth carefully evaluating the situation. Before the arbitration tribunal makes a ruling, mediation should be conducted first (Article 42 of the "Law on Mediation and Arbitration of Labor Disputes"). Enterprises can use this opportunity to estimate the potential outcome: if the probability of losing the case is high and the potential amount is close to what the employee is requesting, mediation can reduce the amount and settle the case once and for all, avoiding the continuous cost of first-instance and second-instance litigation; if the evidence is clearly favorable, they can insist on a ruling but retain the mediation channel. The settlement amount usually fluctuates around the statutory standards. It is recommended that lawyers first calculate the range of economic compensation, compensation, arrears in wages, and overtime pay differences, and then set an authorization threshold to avoid overpaying to settle the case in court.

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 to avoid missing the statutory time limits.Labor arbitration legal services·Attorney Tian Jiayan·Beijing Henglu Law Firm