Labor arbitration processYesThe application is executed in advance. According to Article 44 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, the arbitral tribunal may, upon the application of the parties, make an award for enforcement in advance and transfer it to the people's court for enforcement in cases of recourse to labor remuneration, medical expenses for work-related injuries, economic compensation or compensation.
It should be noted that the application for prior enforcement must meet certain conditions. First of all, the relationship between the rights and obligations between the parties must be clear, so as to ensure the fairness and accuracy of enforcement. Secondly, the failure to enforce the case will seriously affect the applicant's life, so this condition needs to be met in order for the advance enforcement to be carried out. In the case of an employee's application for prior enforcement, the guarantee may not be provided, but the specific requirements may vary depending on the region and the specific circumstances.
In the course of labor arbitration, if the parties consider that it is necessary to enforce first, they may apply to the arbitral tribunal. The arbitral tribunal will examine the application and, if eligible, make an award for early enforcement. If the arbitral tribunal finds that the application is not eligible, it may dismiss the application. If a party is dissatisfied with the judgment of prior enforcement, it may apply to the people's court for revocation or appeal.
It should be noted that prior enforcement is only a temporary measure, and the final award needs to be made by the arbitral tribunal or the people's court. Therefore, the parties need to continue to participate in the arbitration proceedings and present their own claims and evidence before the end of the proceedings. At the same time, the parties also need to pay attention to protecting their legitimate rights and interests, and prevent the other party from maliciously applying for prior enforcement or taking other improper means to affect the arbitration procedure.
In short, in the process of labor arbitration, you can apply for prior enforcement, but certain conditions must be met. If a party needs to apply for prior enforcement, it shall submit an application to the arbitral tribunal and provide relevant evidence and materials. The arbitral tribunal will examine the application and, if eligible, make an award for early enforcement. If the parties are not satisfied with the judgment of the prior enforcement, they may apply to the people's court for revocation or appeal. At the same time, the parties also need to pay attention to protecting their legitimate rights and interests and prevent the other party from using improper means to influence the arbitration proceedings.