Q: Which labor dispute arbitration commission in Hainan Province should be chosen for arbitration?

A: For foreign nationals employed within the administrative area of Hainan Province, disputes that fall within the scope of labor dispute arbitration shall be under the jurisdiction of the labor-dispute arbitration commission at the place where the labor contract concerned is performed or where the employing unit is located according to Article 21 of the Labor Dispute Mediation and Arbitration Law.
According to the Opinions on Handling Foreign-related Labor Disputes issued by the Hainan Provincial Department of Human Resources and Social Security and 9 other departments, labor disputes involving foreign nationals, employees dispatched abroad, or foreign-invested enterprises (specifically those entirely funded by foreign investors), and other cases deemed foreign-related labor disputes by laws, regulations, or judicial interpretations, should apply to the provincial labor-dispute arbitration commission and the labor-dispute arbitration commissions of Haikou and Sanya as per jurisdiction.
The Haikou Labor-Dispute Arbitration Commission handles foreign-related labor disputes within its jurisdiction;
The Sanya Labor-Dispute Arbitration Commission handles foreign-related labor disputes in Sanya, Dongfang, Wanning, Wuzhishan, Lingshui, Baoting, Baisha, and Ledong;
The provincial labor-dispute arbitration commission handles foreign-related labor disputes in other cities and counties outside Haikou and Sanya’s jurisdiction, as well as cases designated by the Provincial Department of Human Resources and Social Security.