China Employment Law Network
Shanghai Business Lawyer
Section D: Dispute resolution

• Is it expensive to take an employment dispute to arbitration or court?

The labor arbitration procedure is conducted for free. The administration charge for filing a lawsuit with the people’s court is RMB 10.

• If my employer has breached the employment contract, can I make a claim? Are there any time limits?

Yes, you may make a claim. You may file an arbitration claim against your employer within one (1) year, calculated from the date you knew or should have known your legal rights had been infringed.

• If I do not agree with the arbitration tribunal¡¯s decision, can I appeal?

Yes, if you do not accept the tribunal’s decision, you may file a lawsuit with the people’s court within fifteen (15) days of receipt of the arbitration tribunal’s decision. If you choose not to file a lawsuit, the arbitration decision will become effective within fifteen (15) days of it being made.

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