How to use the correct use of labor arbitration in the announcement of service of process

Service is a form of labor dispute arbitration committee to pass arbitration documents, belongs to the handling of arbitration cases in the scope of the procedure, based on the "labor dispute arbitration committee case rules" chapter 8 of the relevant provisions of the mode of service are as follows: direct service, retention, entrusted to serve, postal service, notice of service. In practice, due to the deviation in the understanding of the mode of service and service procedures, it is inevitable that the use of laws and regulations of arbitrariness and illegitimacy. For example, in the announcement of service, there is the announcement content is not standardized, the service procedure is not legal and other issues, which leads to judicial injustice, affecting the labor arbitration law and reputation. Below, the author on how to correctly use the announcement of labor arbitration documents, talk about personal insights, with everyone **** with the discussion.

First, on the announcement of the elements of service. China's "labor dispute arbitration committee case rules" chapter 8, article 51 provides: "the whereabouts of the person to be served is unknown, or with the provisions of the other way can not serve arbitration documents, may be served by public announcement. Service shall be deemed to have been effected after the expiration of thirty days from the date of issuance of the public notice. If service is made by public announcement, the reason and the passage shall be noted in the case file." It is not difficult to see from the above provisions, only in the service of arbitration documents when there is one of the following two circumstances, can be applied to the announcement of service: first, there is evidence to prove that the whereabouts of the person to be served is unknown; secondly, in accordance with the "Labor Dispute Arbitration Commission Case Rules", Chapter VIII of the provisions of the mode of service (refers to the direct service, retention of service, entrustment of service, postal service and so on) can not be served arbitration documents to the person to be served. The above two points are the basic requisites for the implementation of service by public announcement, and only if one of the above two aspects is present, the relevant arbitration document can be served by way of service by public announcement.

Second, on the announcement of the content of the norms. Announcement of the purpose of service is to allow the served person to see the announcement, can understand the main content of the served arbitration instruments, the corresponding rights and obligations and legal consequences. However, in arbitration practice, most of the arbitrators on the announcement of the content of the writing is too simple, only write the name of the arbitration instrument served. For example, "...... is hereby notified to serve on you a copy of the statement of claim, notice of response and notice of proof in accordance with the law. It shall be deemed to have been served after thirty days from the date of this announcement." Some announcements serving arbitration awards, rulings, etc. also fail to state the basic ruling or decision results in the announcement. These simple announcements, when served, are bound to impair the served person's right to know about labor arbitration and do not comply with the relevant legal provisions. For how to write the content of the announcement, the supreme people's court "on the application of the Chinese people's *** and national civil procedure law" a number of issues of the opinion on the content of the announcement of the 89th clearly stipulates: "the announcement of the service of the indictment or a copy of the appeal, should explain the indictment or appeal points, the served person to defend the time limit and over the period of time not to defend the legal consequences; the announcement of the service of the subpoena, should be The summons served by public notice shall state the place and time of appearance in court and the legal consequences of failing to appear in court after the expiration of the period of time; where the judgment or ruling is served by public notice, it shall state the main points of the decision, and where it is a first instance, it shall also state the right of appeal, the time limit for the appeal and the people's court of appeal." The provisions of this article should be equally applicable to the service of labor arbitration documents by public notice.

Third, on the mode of service by public announcement. Announcement of service and the use of other means of service is the same purpose, are to allow the served person to be informed of the labor dispute arbitration committee to serve the content of the document. However, in arbitration practice, due to the residential address of the person to be served is not clear, coupled with the announcement of the coverage of the mode of service has its certain limitations, it is difficult to ensure that the person to be served can be informed of the arbitration documents and the content of the documents served within the prescribed time limit. To solve the contradiction between the limitation of service of notice and the right to be served, it is necessary to choose the way of service of notice carefully. As far as the current conditions are concerned, the applicable methods of announcement in labor arbitration include posting announcement, TV announcement, newspaper announcement and so on. Whether or not other forms of public notice can be served, such as the Internet, has yet to be regulated by relevant laws and regulations. According to the spirit of the legislation of the Labor Dispute Arbitration Committee Rules and the Supreme People's Court "on the application of the Chinese people's *** and the National Civil Procedure Law," Article 88, to correctly select the mode of public announcement, should also follow the principle of "large publicity", and to consider "Targeted" principle. Specifically to do: (a) for the whereabouts of the person to be served is unknown. If known to the served person activities in a particular region, according to the principle of relevance, in the region's main public **** place to post announcements, but also through the local level of television, newspaper announcements. Otherwise, the principle of "large publicity" should be followed, and announcements should be made on television and in newspapers at the provincial level or above. (ii) If there is no evidence to prove that the whereabouts of the person to be served are unknown, the notice may be posted on the arbitration bulletin board or at the place of residence of the person to be served, or it may be announced on television or in newspapers. (iii) If there are special requirements on the manner of service by public announcement, the announcement shall be made in accordance with the required manner. In short, only the correct choice of the announcement of the mode of service, in order to maximize the maintenance of the served person's right to know the arbitration, to achieve the purpose of the announcement of the mode of service.

Fourth, on the announcement of the procedural requirements. Article 51 of chapter 8 of the labor dispute arbitration committee case rules clearly stipulates that "the announcement of service, should be recorded in the case file the reason and through". In the author's view, the provisions of this paragraph has two levels of significance: one is to require the reasons for the application of service by public announcement, so as to facilitate the examination of the legality of the reasons for the application of service by public announcement. Announcement of service is the last means of labor arbitration documents, only meet the "served by the whereabouts of the person is unknown, or with the provisions of the other means of service of arbitration documents can not be," the conditions can be applied; the second is to record the application of the announcement of the process of service, the purpose is to facilitate the examination of the legality of the process of the announcement of the service. The announcement of the process of service is the announcement of the process of service in the form of a carrier and reflect the announcement of the process of service, the announcement of the process of service should be clearly retained and documented in the case file. Such as retaining the draft of the announcement, posting back, copies of newspapers and relevant invoices, photographs or receipts. Finally, in the award or ruling of the arbitration case, it is also necessary to record the process of service of the relevant announcement. (Cai Chang)