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Attorney Lyu Qiang Explains: Can Employers File for Labor Arbitration?

Supplier verification is particularly important for overseas buyers dealing with companies in Ningbo. Ningbo is a major port and manufacturing center with extensive export-oriented industrial supply chains. The buyer should distinguish the commercial location of a supplier from the legal identity of the entity that actually signed the contract and received the payment.

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!

Checking a Ningbo Supplier Before a Dispute

The local market includes businesses active in machinery, electrical equipment, household products and export manufacturing. Depending on the transaction, relevant issues may include OEM disputes, quality claims, shipping-related disputes, delivery delays and payment disputes. For export transactions connected with Ningbo, buyers should pay particular attention to the contracting entity, product specifications, inspection evidence, shipping arrangements, delivery terms and the allocation of responsibilities under the sales contract.

For a cross-border transaction, the buyer should keep the supplier’s Chinese legal name, registration information, contract, invoices, bank-payment records and communications together. Ningbo forms part of Zhejiang and its commercial network includes a major export ecosystem connected to international shipping and manufacturing supply chains.

Evidence and Contract Review for Ningbo Transactions

If a dispute develops, evidence should be preserved before important communications or negotiations change the factual record. The relevant documents may include the contract, purchase orders, specifications, inspection records, invoices, payment records, shipping documents and correspondence.

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