仲裁处英文

仲裁院是什么？

Compulsory Arbitration is one of the methods for resolving disputes between parties limited to labor-only contracting and cooperative agriculture workers. The Compulsory Arbitration Branch or CAB is a quasi-judicial body created by the Department of Labor and Employment (DOLE) to hear labor cases involving interested parties. The decision of the CAB is appealable to the National Labor Relations Commission (NLRC).

仲裁处英文

Compulsory Arbitration Branch is referred to as CAB in English. It is important to note that CAB is different from the Commission on Alternative Dispute Resolution (CADR), which handles cases through voluntary arbitration and mediation. CAB and CADR are both under DOLE but handle different cases and have different procedures.

怎样提起劳动仲裁？

If you have a labor dispute with your employer, you can file a complaint with the nearest Regional Arbitration Branch or RAB. The RAB is similar to a trial court since it hears evidence, conducts a hearing, and renders a decision on the complaint. If there is no RAB in your region, the complaint can be filed with the nearest DOLE regional office. The complaint must be filed within three years from the time the dispute arose.

劳动仲裁流程

The arbitration process starts with the filing of a complaint with the RAB. After the complaint is filed, the RAB issues a summons to the employer, who has ten days to file an answer. The RAB then sets the case for a hearing where both parties present their evidence and witnesses. After the hearing, the RAB issues a decision. If the decision is not satisfactory, either party can appeal to the NLRC within ten days from receipt of the decision.

劳动仲裁的结果

Once the result of the arbitration is final and executory, the victorious party can enforce the decision through the sheriff of the National Labor Relations Commission. The employer is required to comply with the decision, and failure to do so can result in sanctions such as fines or imprisonment.

劳动仲裁的费用

The cost of filing a complaint depends on the jurisdiction where the complaint is filed. The CAB does not charge a fee, but there may be administrative or notarial fees involved in filing the complaint. If a lawyer is retained, there will be professional fees to consider. If the complaint is found to be frivolous or malicious, the complainant may be liable for damages to the respondent.

仲裁员是谁？

The arbitrator is a neutral third party appointed by the CAB to hear and decide the case. The arbitrator should have proven impartiality, integrity, and independence. The parties may also agree on a private arbitrator, subject to approval by the CAB.

国际仲裁与劳动仲裁的区别

The main difference between international arbitration and labor arbitration is the subject matter of the dispute. In international arbitration, the dispute involves issues between parties from different countries, while labor arbitration is limited to disputes between employers and employees. International arbitration is also governed by different laws and procedures, as well as conventions such as the New York Convention, which governs the recognition and enforcement of foreign arbitral awards.

仲裁组织的种类

Aside from DOLE’s arbitration branches, there are also private arbitration groups such as the Philippine Dispute Resolution Center Inc. (PDRCI) and the Philippine International Center for Conflict Resolution (PICCR). The PDRCI and PICCR are recognized by the Philippine government to act as alternative dispute resolution mechanisms to courts and other quasi-judicial bodies.

观点: 劳动仲裁是解决劳动争议的有效途径，可以帮助保护工人的权益。然而，它需要专业的法律知识和适当的程序才能确保公正和准确的结果。