Can an employer file a labor arbitration claim with China’s Labor Arbitration Commission?
According to Article 2 of China’s Law on Mediation and Arbitration of Labor Disputes, labor disputes arising from the confirmation of employment relationships may be submitted to the arbitration commission for adjudication.
In practice, it is usually the employee who initiates arbitration. However, in theory, employers also have the right to file for labor arbitration.
That said, when an employer proactively files a so-called “negative claim”—for example, seeking a ruling that no employment relationship exists with a worker—courts across different regions in China have adopted inconsistent approaches. Some courts accept such negative claims, while others do not.
If you encounter this issue, feel free to consult Attorney Lyu Qiang. I’m China lawyer Lyu Qiang. If you found this video helpful, please like, subscribe, share, and save it!