On August 6, 2013, the Ningbo Labor Dispute Arbitration Committee issued the Opinions on Retrial of Labor Dispute Cases in Ningbo (“Opinions”). The Opinions stipulate 11 circumstances under which the arbitration committee should retry an effective arbitration award, mediation agreement, or decision. According to the Opinions, a mediation is invalid if the principle of free will was violated or the contents of the mediation agreement violates provisions of law. Given that PRC labor law provides many labor standards, when mediating with employees, employers should pay attention and ensure that the amount agreed to through mediation is not lower than the labor standard amount.
Pursuant to the Opinions, arbitration committees will not retry arbitration awards and mediation agreements which have been carried out by a people’s court or arbitration awards, mediation agreements and decisions which have been effective for more than six months.