How To Counterclaim In Labor Arbitration Litigation

Definition and characteristics

So-called

(1) the counterparty is the plaintiff or the defendant in the suit. The counterclaim is the complainant of the arbitration suit or the plaintiff of the litigation.

(2) the prosecution of a counterclaim must be based on the premise of the existence of this suit. If there is no litigation, the counterclaim will not be mentioned.

(3) the purpose of counterclaim is to annex or offset the plaintiff's request for arbitration or the plaintiff's claim.

It is based on the above characteristics of counterclaim that the law can combine trial with counterclaim.

In addition, the counterclaim is independent. After the counterclaim is filed, if the action is withdrawn, it will not affect the continuation of the counterclaim.

If there is no case of withdrawal, we should combine the suit and counterclaim.

The function of counterclaim

Counterclaim as a legal system has its rationality and positive effect.

(1) because the counterclaim can be combined with the trial, the judicial resources are saved and the trial efficiency is improved.

(2) as a result, counterclaims can be heard in conjunction with this lawsuit, which is more conducive to identifying facts and distinguishing right from wrong.

(3) since counterclaims can annex or offset the claim, the successful prosecution of a counterclaim will enable the counterparty to take the initiative.

Since the counterclaim has the above functions, as long as it meets the conditions for counterclaim, in practice, counterclaim should be made as far as possible.

Mention of counterclaim

The prosecution of counterclaim in labor arbitration must meet the following requirements:

(1) the plaintiff must be referred to the plaintiff or the plaintiff of the litigation in the case of the plaintiff or the defendant in the litigation. The subject should be qualified and accurate.

(2) it must be brought up before the end of the court debate after the admissibility of the case, and the court or court shall inform the prosecution of a case in another case after the court debate is concluded.

(3) it must be instituted within the limitation of time. The limitation of arbitration shall be 60 days from the date of the dispute. The limitation of action shall be 2 years from the date of the occurrence of the dispute. The counterclaim raised over the time limit will be rejected or dismissed.

(4) the counterclaim must be based on the counterclaim of arbitration. If the counterclaim is not lodged in time, the counterclaim will not be accepted.

(5) it is necessary to submit an arbitration counterclaim or a counterclaim to the arbitration tribunal or court, to specify the name, address, and contact mode of the counterparty and the counterparty, and to specify the specific request for the counterclaim and the facts and reasons on which it is based, together with the relevant evidence.