This article introduces the process of arbitration hearings.
In the preceding paragraph, I introduced my labor arbitration filing, failed mediation, and exchanged evidence. This article will review my arbitration hearing process. Before starting, I will first review the time nodes of the previous steps:
- Case filed on March 2, 2021
- An email notice was received on March 25, 2021, which included the time for exchanging evidence and the court session time.
- Evidence was submitted on May 10, 2021.
- Company evidence was obtained on May 21, 2021.
Based on this time node, I wonder if everyone thinks it is fast or slow? If you have ever encountered layoffs, searched for labor arbitration, or heard others talk about labor arbitration, all you have found and heard should be,"Arbitration is very troublesome" and "Arbitration takes a long time." In fact, it does.
My court session time is May 24, 2021. The time and place of the court session are agreed in advance. The email at that time is roughly as follows:
Zhang San, the time for supporting evidence in case No. 123456 is: 9:30 on May 10, 2021 (Please carefully read the notice of evidence received when filing the case), handle the evidence and exchange of evidence at the ninth window of Block B of Building XX on time. Tel: 010 - 1234567. If the time specified by the Commission is exceeded, the time limit for evidence will expire. Evidence delivered to the Commission by mail, express delivery, etc. will be deemed invalid and submitted; the hearing time is: May 24, 2021, the 23rd Arbitration Tribunal of the Commission will hold a hearing. The arbitrator: zm, contact number: 010-1234567。The notification of evidence and trial rights and obligations shall be subject to the written notice you receive when submitting the application materials. Please come on time as per the above time to exchange evidence and hold a court session. If you fail to come as per the specified time, you will bear the adverse consequences.
On the morning of May 24, 2021, I arrived at the Labor Arbitration Dispute Court of Chaoyang District, Beijing. After arriving at the designated floor, I saw many small rooms, each of which was a "small court", which looked like this:
I found the "small court" where I was sitting. I arrived at 9:40. The door was closed and the door said "Court in session". There should be a case in session. After a while, the door opened, and a uniformed staff member came out, followed by a girl in ordinary clothes (should be a worker's client). The two entered the next conference room for a "private chat".
My court session time was 10:30. At about 10:32, the staff let me in. After both parties took their seats, the judge asked if they needed recusal or something, and if they were willing to mediate? The company said it was willing to mediate and pay x yuan, which is one month's salary. The judge asked me if I would accept it? When I said no, the staff asked both parties whether they recognized the other party's evidence, the purpose of proving whether they recognized the other party's evidence, and whether they recognized the other party's evidence, and whether there was anything to add. It ended before 11 o'clock. During this period, when I was answering questions, I was interrupted by the staff. They didn't really let me speak or ask me for details. This was not at all what I expected. Then the staff came out and asked me to go with her. We went to an empty conference room to have a private chat, just like the scene I saw when I first arrived.
In the conference room, the staff asked me: "Are you willing to compromise and make concessions? The money you want (2N) is definitely not available. The company is not willing to give it to you. If you are willing to make concessions, I will mediate with the company." I said: What if I disagree with mediation? The staff said: If you don't agree to mediation, you will wait for the ruling. I asked how long I needed to wait, and she said it would take 2 months, and the subsequent first and second trials might drag on for another 3 years. While I was thinking about it, the staff urged again: How about it? If you are willing to compromise and give in a little, I will negotiate with the company. If you want so much, I will definitely not give you so much. If you can mediate, just mediate. If you want to fight with the company, the first and second trials will drag you out for three years. In the end, the company still gives you so much money, and the company will definitely be willing to waste it with you. How about it, you think about it?
Hearing what she said, I felt helpless and didn't know what to say. Faced with the possibility of "being spent for two or three years", I felt that it seemed "not worth it", but I still felt in my heart: I still didn't want to be "raped" by the company, and the original words about the company's personnel echoed in my ears-"I just won't give you so much compensation, what can you do! Go to arbitration!"
我仍然在考虑，仲裁院还在等我回话。为什么是这样？为什么我做一个对的事情都这么难？他们看我的颜色就像是看一个“不愿妥协的老顽固”。而那些同样被裁，当初约定一起仲裁后面又反悔离我而去的同事也会觉得“你何必这么犟，何必这么较劲呢”。罢了罢了，不管别人怎么看了，我咽不下这口气！都已经走到这个地步了，还妥协什么？几个月的时间已经耗过去了，那就继续耗吧！我说：我不想让步了，我还是想要 2N 这么多。工作人员说：那你等裁决吧。
In this way, the court session ended. This court session is completely different from what I imagined. I don't know if you have noticed that my labor arbitration has reached this point. What is the core processing logic? -- It's mediation, and the staff have been facilitating mediation. In fact, it is not difficult to understand that if the mediation can be successful, it will be "happy".
然而实际情况是怎样？应该作何选择，参与者必须有自己的判断，你懂吧？
The court session ended, followed by the "verdict". The court hearing time is May 24. How long do you think it will take for me to collect the ruling?
Next trailer: Waiting for the ruling and what happened during the period when the ruling was received.