Wang, who works in a manufacturing company, suffered a car accident on his way to work. He was rescued from the hospital and is not yet out of danger. Because the company is not willing to pay compensation, Wang's family can't afford the follow-up treatment costs. In desperation, Wang’s family filed a labor dispute arbitration. After entering the arbitration process, Wang’s family wanted to know if they could apply for the arbitral tribunal’s ruling to be executed first, and asked the company to pay the required treatment fee first.
AnswerIt is stipulated that the arbitral tribunal may, in accordance with the application of the party concerned, rectify the case for retrieving labor remuneration, work-related medical expenses, economic compensation or compensation, and transfer it to the people's court for execution.Piece:
(1) The relationship between rights and obligations between the parties is clear;
(2) Failure to implement first will seriously affect the life of the applicant.
If a worker applies for execution first, he may not provide a guarantee.
InterpretationPieces. Pre-execution refers to the system for arbitrating the obligor to perform a certain amount of money or property in advance to solve the urgent need of the right holder before the arbitral tribunal decides. Under normal circumstances, the implementation should be after the legal effect of the arbitral award, and the first enforcement is to implement the measures taken before the ruling to solve the urgent needs of some of the parties' lives. For example, if the applicant has serious physical injury due to work-related injuries, he is in urgent need of hospitalization and cannot afford medical expenses. The respondent who has the obligation to bear medical expenses refuses to perform the obligation. The applicant applies for arbitration, but the arbitral tribunal decides that the labor dispute case takes a while. If not implemented first, it may delay the applicant's treatment time or cause other serious consequences.
First, the ruling is executed first
Type of disputed casexx仲裁庭可以决定先执行，但该申请包含不需要事先执行的争议，并且该部分不会被裁定。