Direct answer

Many mainland China employment disputes must pass through labor arbitration before a court claim.

A useful readiness file therefore starts before the dispute is filed: identify the legal issue, preserve the employment contract and handbook acknowledgements, calculate relevant dates, and assemble payroll, attendance, performance and communication evidence.

The classification screen

5 questions before you choose the route.

This page identifies the right question and evidence. It does not determine the legal outcome on a reader’s facts.

01

Check claim type

Identify the relevant facts, documents and operating role before choosing the route.

Decision factor
02

Check termination or payment date

Identify the relevant facts, documents and operating role before choosing the route.

Decision factor
03

Check workplace location

Identify the relevant facts, documents and operating role before choosing the route.

Decision factor
04

Check evidence available

Identify the relevant facts, documents and operating role before choosing the route.

Decision factor
05

Check whether multiple claims/parties are involved

Identify the relevant facts, documents and operating role before choosing the route.

Decision factor

Working rule: Map the regulated role before marketing or launch in China.

What changes the answer

The signal ledger.

These facts move the question beyond a label and into a product, money-flow and control analysis.

Signal
Ask the operating question
Why it changes the route
Claim type
How does the matter involve claim type?
This operating fact can change the applicable legal route, evidence and next step.
Termination or payment date
How does the matter involve termination or payment date?
This operating fact can change the applicable legal route, evidence and next step.
Workplace location
How does the matter involve workplace location?
This operating fact can change the applicable legal route, evidence and next step.
Evidence available
How does the matter involve evidence available?
This operating fact can change the applicable legal route, evidence and next step.
Whether multiple claims/parties are involved
How does the matter involve whether multiple claims/parties are involved?
This operating fact can change the applicable legal route, evidence and next step.
Prepare before you escalate

Bring a compact evidence docket—not a pitch deck.

Give a compliance team or counsel the operating facts that reveal the perimeter.

01Employment contractInclude this in the compact fact file for review.
02Handbook/acknowledgementInclude this in the compact fact file for review.
03Payroll and attendanceInclude this in the compact fact file for review.
04Performance/discipline recordsInclude this in the compact fact file for review.
05Notices and communicationsInclude this in the compact fact file for review.

Primary authorities

Reviewed sources support orientation, not a fact-specific assessment.

Sources last checked:

Labor Contract LawNational People’s Congress
Labor Dispute Mediation and Arbitration LawNational People’s Congress
Social Insurance LawNational People’s Congress
Supreme People’s Court labor-dispute interpretationsSupreme People’s Court
MOHRSS current rules/noticesMinistry of Human Resources and Social Security