Preserve the notice and the timeline
Identify the tribunal or court, the parties, each claim, the service date and the required response dates. Preserve the original notice, its attachments and delivery records.
China labor arbitration follows a statutory process. It should not be treated as commercial arbitration chosen through an ordinary business-contract clause.
Match each claim to the available record
Review the employment contract, payroll, attendance, policies, communications and the records behind the disputed decision. Identify missing evidence and applicable burdens of proof early.
Documents held by the employer may need to be produced. Article 6 of the Labor Dispute Mediation and Arbitration Law addresses the consequences of failing to provide relevant evidence under the employer’s control.
Compare response and settlement options
Evaluate the claims, procedure, likely work and commercial objectives together. An agreed engagement may cover response documents, evidence preparation, representation or settlement discussions. Outcomes depend on the facts and the competent authority’s decision.
PREPARE FOR THE DISCUSSION
Documents to bring together
- Complete claim, notice and proof of service.
- A dated chronology and a list of the employee’s requests.
- Contract, payroll, attendance and decision records.
- Known deadlines, earlier responses and settlement communications.
Legal sources
Official sources · Checked 2026-09-20. English explanations are summaries, not official translations.
- PRC Labor Dispute Mediation and Arbitration Law ↗
Articles 2, 5, 6 and 30.