Do you have the impression that "as long as I go to arbitration, the arbitrator will award me to win" and "the arbitrator is too biased towards the laborer"?Do you think that the proportion of arbitration results in favor of the employer is too much in favor of the employee?According to the relevant statistics of the Human Resources and Social Security Bureau, the winning rate of workers over the years is generally more than 80%. With the guidance of professionals, the winning rate of the worker can exceed 95%), which is indeed the high probability of the worker winning. However, this cannot be used as evidence that arbitrators are more biased towards workers.
First of all, in civil litigation, the adjudicator's judgment of facts is based on evidence. Although special provisions have been made for some disputed matters in labor dispute cases, in general principle, the principle of who asserts and who presents evidence, and the party asserting the facts of the claim and the party asserting positive facts should bear the burden of proof. However, when an employee files a dispute with a court (arbitral tribunal), it is often due to some specific actions of the employer, which seriously infringes upon the legitimate rights and interests of the employee.
Secondly, in terms of evidence, there are serious problems in terms of both legal awareness and self-standardization. Many employers do not strictly follow the provisions of laws and regulations to formulate internal rules and regulations (the system cannot be the basis for practical operation), let alone strictly implement the traces of specific matters of various rules and regulations in daily management (such as training courseware, employee signatures, democratic procedure certification materials, etc.).
Finally, the reason why employers often lose arbitration results is that in fact, the employer has indeed harmed the legitimate rights and interests of employees. Whether it is a monetary penalty imposed by the employer in accordance with an ineffective internal system or a failure to pay overtime wages in full in accordance with laws and regulations. In fact, the employer has infringed upon the legitimate rights and interests of the employee, and the adjudication body is only trying to set things right.
In summary, the reason why the employer always loses more and wins less after the arbitration result is that the employer itself has violated laws and regulations, and the adjudication body only gives the rights and interests that originally belonged to the employee again. There is no situation where the adjudication body is more partial to the worker. On the contrary, the settlement proposed by the adjudication body actually protects the rights and interests of the employer.