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Can a party lodge arbitration again after declaring a waive of rights in a mediation agreement?
Introduction to the case
On April 15, 2021, Zhang and Cao submitted an application for arbitration with the Arbitration Commission for Labor Dispute in Shunyi District of Beijing, requiring the technology company to pay them salaries and bonuses. The case came to trial on May 24, 2021, The legal representative of the technology company reached a mediation agreement with Zhang and Cao under mediation of the arbitration tribunal, stating that the company will pay them salaries as per the amount required in the application for arbitration no later than May 31, 2021 and that Zhang and Cao are willing to forgo other arbitration requests. According to the mediation, the parties had no other labor disputes, including but not limited to all the matters involved in this case. After the case was closed, however, Zhang and Cao submitted another application for arbitration with the Arbitration Commission on June 11, 2021, requiring the technology company to pay them bonuses.
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延伸 / Extended Reading
员工以变相转岗为由提出劳动仲裁,用人单位该如何处理?
- Where the employee applies for labor arbitration on the grounds of disguised job transfer, what can the employer do?