How to Write a Labor Dispute Arbitration Claim

Format and content] The labor dispute arbitration complaint consists of three parts: the first part, the main body and the last part.

Labor Dispute Arbitration Claim. Parties to the dispute: the complainant and the respondent.

Individuals should indicate their name, gender, age, ethnicity or nationality, nature of employment, place of work, address, mailing address, etc. The unit shall clearly state the name, the nature of the unit, the address, the name and position of the legal representative. If there is a client, the name of the person, the work unit, etc., should be indicated.

2.The body should include: Request:

Refers to the purpose and requirements of the appeal. The request should be specific and clear. Facts and Reasons:

The time and method of establishing the employment relationship between the two parties and the main content of the employment contract should be briefly explained; the formation process of the dispute between the parties and the focus of the dispute; Main evidence (the name and address of the witness, physical evidence, documentary evidence, etc.); The main legal basis for making the request.

3.The tail should include: the name of the arbitration institution to which the statement of claim was submitted, the name or title of the complainant (signature and seal), and the time of application (year, month and date). At the same time, indicate the number of copies submitted (according to the number of respondents), and the number of physical and documentary documents.

In the application for appeal, the facts stated should be factual and the key points should be highlighted. The request should be concise and to the point, and the legal provisions should be cited.

Sample Arbitration Instrument II).

Labor Dispute Arbitration Claim.

Complainant.

Respondent.

Name. or the name of the organization.

Name. or the name of the organization.

Nature of the unit. Nature of the unit.

Legal representative.

Name. Office.

Legal representative.

Name. Office.

Gender. Age.

Gender. Age.

Ethnic or. Nationality.

Nature of employment. Ethnic or.

Nationality. Nature of employment.

Workplace. Workplace.

Address. Address.

Telephone. Telephone.

Zip code. Zip code.

Sincerely. Labor Dispute Arbitration Commission.

Complainant: Signed or sealed).

YYYYYYYYYYYYYYYYY

Attached: 1 copy;

2. Physical evidence;

3 Documentary evidence.

Note: 1 The statement of appeal should be written or printed with a pen or brush.

2 The request should be concise and concise with the specific requirements.

3 If there is not enough space in the Facts and Reasons section, you can add the middle page on the same size paper.

4 The number of copies of the statement of claim shall be submitted in accordance with the number of persons sued.

Explanation of Sample Arbitration Document No. 2.

1. This sample complaint is made in accordance with the provisions of Article 23 of the Regulations of the People's Republic of China on the Settlement of Labor Disputes in Enterprises.

2. This statement of claim is for the purpose of guiding the parties to the labor dispute to arbitrate the complaint and for the use of the complainant.

3. When the complainant writes the complaint, he or she shall use a pen, brush or print. The statement of claim consists of an original and a copy. The number of copies shall be submitted according to the number of respondents, and the arbitration commission shall serve them on the respondents.

4. "Requested matters" refers to the purpose and requirements to be achieved by the appeal, and shall be specifically stated.

5. In the "Facts and Reasons" section, attention should be paid to stating the details of the evidence and witnesses. If the space is insufficient, you can continue to add the middle page.

The word document opens.

Clause. 1. The application for labor arbitration shall be filed with the labor arbitration dispute authority within 60 days from the date of knowing that your rights have been infringed.

Clause. Second, it is not that if you have it, you don't have to do it anymore, and not all lawyers are what you think.

It's too simple to imagine.

The application for labor arbitration reads as follows: 1. Specify the details of the employee and the employer; 2. The arbitration claim and the facts and reasons on which it is based; 3. Evidence and evidence**, if there are witnesses, indicate the names and addresses of the witnesses; 4. Signature or seal of the applicant.

[Legal basis].

Article 28 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China stipulates that the applicant shall submit a written application for arbitration and submit a copy according to the number of respondents. The application for arbitration shall contain the following matters: (1) the name, gender, age, occupation, place of work and domicile of the employee, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person; (2) the claim for arbitration and the facts and reasons on which it is based; (3) Evidence and evidence**, names and addresses of witnesses.

If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration commission shall record it in the record and inform the other party.

Core content: The labor dispute arbitration complaint is a written evidence for the parties to the labor dispute to apply to the arbitration institution for the settlement of the labor dispute, and is the basis for the labor dispute arbitration commission to accept and handle the labor dispute case. Therefore, the writing of the arbitration claim is an important condition for whether it can be accepted by the labor arbitration department.

The Arbitration Claim mainly includes the following aspects:

1) The complainant's name, occupation, address and place of work; The name and address of the respondent, and if the respondent is an employer, the name and position of the legal representative should be clearly stated.

2) The claim for arbitration and the facts and reasons on which it is based.

This is the core of the instrument, and attention should be paid to writing skills and specific application. First of all, the time, place, causes, process, and outcome of the dispute should be clearly stated, and the specific content and focus of the dispute between the parties should be emphatically stated, and the responsibilities of the respondent should be explained. Secondly, in accordance with the provisions of the law, distinguish right from wrong, clarify responsibilities, and demonstrate the correctness and legitimacy of the requirements.

It should be reminded that if there are several items involved in the dispute, they must be listed one by one, and those that are omitted will not be accepted.

3) Evidence, names and addresses of witnesses.

Evidence includes documentary evidence, physical evidence, witness testimony, party statements, respondents' defenses, appraisal conclusions, inquest records, etc. The witness should be a person who can prove the objective circumstances of the labor dispute case. Once it is clear that he or she is a witness, he or she cannot refuse to testify or give false testimony when notified by the labor dispute arbitration institution.

4) The name or seal of the complainant himself, and the date of the complaint.

It is not difficult to write a good arbitration claim, the key is to have clear facts, sufficient reasons and conclusive evidence. If the employee really has difficulty in writing, it can also be completed under the guidance of the labor arbitration department.

It is important to note that:

1) The case to be applied for arbitration must be a labor dispute case (labor disputes are not accepted), and it must meet the scope of acceptance by the labor dispute arbitration commission.

2) The applicant for arbitration must be a party to the labor dispute. Friends, colleagues, and family members are not eligible for a substitute application.

3) The labor dispute applied for arbitration must have a clear respondent and the facts of the dispute, and have specific requirements and reasons for requesting arbitration.

4) A written application must be submitted to the Arbitration Commission within the statutory limitation period (within 60 days from the date of occurrence of the labor dispute).

and submit a copy according to the number of respondents. If the labor dispute applied for is a collective labor dispute, the parties shall nominate representatives to participate in the arbitration, and a power of attorney signed by all the parties to the dispute shall be submitted when applying for arbitration.