What is the procedure for labor arbitration? What are the general procedures for labor arbitration?

Hello, because you have not signed a labor contract with this unit, and you have not yet come to work in this unit, so you do not have an employment relationship yet.

But because they have already emailed you to tell you that you have been accepted and have resigned, they should compensate you.

You can apply for labor arbitration directly at the Labor Bureau.

Procedure:1. Write an application, 2, and prepare evidence; 3. Investigate the company's business registration information. 4. File a case with the Arbitration Court of the Labor Bureau.

You can also directly entrust a lawyer to handle it.

With the old company, you are resigning on your own! No compensation!

With the new company, there is no employment relationship between you and you cannot apply!

program, I have it in my space, but it's just your business, which company is the respondent?

Procedures for applying for labor arbitration:

1. Submission of Application: When a party applies for arbitration, it shall submit a written application for arbitration, and submit copies according to the number of persons applied. The application shall contain the following particulars:

1.Name, gender, age, place of work and address of the worker; The name and address 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 residences of witnesses;

4.The date on which the arbitration was filed.

II. Acceptance of Arbitration: The BAC shall make a decision on whether to accept or disapprove the application for arbitration within five days from the date of receipt of the application. If the arbitration commission decides to accept the application, it shall serve a copy of the statement of claim on the respondent within five days from the date of making the decision.

Where a decision is made not to accept it, the reasons shall be explained.

3. Hearing: The Arbitral Tribunal shall notify both parties in writing of the date and place of the hearing five days before the date of the Arbitral Tribunal. If the applicant refuses to appear at the hearing without justifiable reasons or withdraws from the hearing without the consent of the arbitral tribunal, the claimant shall be dismissed from the hearing at its own discretion, and a default award may be made against the respondent.

4. Arbitration and mediation: The arbitral tribunal shall first mediate when dealing with labor disputes, and promote the parties to reach an agreement voluntarily on the basis of ascertaining the facts. If an agreement is reached through mediation, the arbitral tribunal shall prepare a mediation statement based on the content of the agreement, which shall have legal effect from the date of service; If no agreement is reached through mediation, the arbitral tribunal shall make a ruling in a timely manner.

5. Arbitral award: The arbitral tribunal shall conclude the decision on a labor dispute case within 45 days from the date on which the arbitration application is accepted by the labor arbitration commission. Where the case is complicated and an extension is required, an extension may be granted upon approval and the parties may be notified in writing, and the extension period shall not exceed 15 days.

After the award of the arbitral tribunal, it shall prepare an arbitration statement and serve it on both parties. If a party is dissatisfied with the arbitral award, it may file a lawsuit with the people's court within 15 days from the date of receipt of the award; If no prosecution is filed at the expiration of the time limit, the ruling shall take legal effect.

1) Acceptance of application materials. Review the complainant's appeal materials, register the materials that meet the requirements, return the materials that do not meet the requirements and inform the complainant.

2) Review, acceptance, and formation of tribunals. Within 7 days from the date of receipt of the appeal materials, a decision is made to accept or not to accept the appeal, and a notice of acceptance or inadmissibility is to be served; If the decision is accepted, the arbitral tribunal shall be constituted within seven days from the date of the decision and a copy of the statement of claim and a notice of response and ** notice shall be served on the respondent.

c) Charges. The parties shall pay the arbitration fee in advance within five days from the date of receipt of the notice of acceptance or the notice of response; Where the complainant fails to make the payment or go through the formalities for reduction or deferment in accordance with provisions, the lawsuit is to be withdrawn.

4) Acceptance of defenses and counterclaims. The respondent shall, within 15 days of receiving the notice to respond, submit a written defense, power of attorney, proof of identity of the legal representative and relevant evidence; The arbitration commission will review the respondent's counterclaim application, and the qualified consolidated hearing will be charged, and the fee will be served on the complainant; Notification of reasons for ineligible conditions. The parties shall provide relevant evidentiary materials before the first ** investigation.

5) ** Trial. If the parties are willing to mediate before trial, arrange for pretrial mediation; **Procedure: Appeal and defense, investigation and cross-examination, debate, mediation and adjudication.

6) Closing the case. CIETAC shall conclude the case within 60 days from the date of constitution of the arbitral tribunal, and may extend the case by 30 days if the case is complicated. If the case is concluded by mediation or adjudication, the mediation document or award shall be served on both parties; Where a party withdraws the lawsuit or is deemed to have withdrawn the lawsuit, a notice of agreement to withdraw the lawsuit shall be served on the person who has filed a lawsuit before the lawsuit, and a notice of withdrawal of the lawsuit shall be served on the person being sued; The arbitration fee collected shall be paid to the bank, and the bank fee voucher of the party shall be served, and the refund fee shall be handled.

2. What is the scope of acceptance of labor arbitration?

1) Disputes arising from the dismissal, removal, or dismissal of employees from the enterprise, as well as the resignation or voluntary resignation of employees;

2) Disputes arising from the implementation of state regulations on wages, insurance, welfare, training, and labor protection;

3) Disputes arising from the conclusion and performance of labor contracts (including disputes arising from the execution, modification, dissolution and termination of labor contracts);

4) Other labor disputes that shall be handled in accordance with laws, regulations and the provisions of these Measures;

5) Labor disputes that the Labor Dispute Arbitration Commission (hereinafter referred to as the Arbitration Commission) deems to be acceptable.

In practice, some people will simply understand all employment disputes as labor disputes, but in fact this is not the case. For example, if the wages of a nanny are in arrears, and both parties are natural persons, it is an employment relationship, and there is a difference between it and a labor dispute, so there is no need to go through the labor arbitration procedure first, and a lawsuit can be filed directly with the court.