Do labor disputes have to be arbitrated before they can be litigated?

In the event of a labor dispute between the employer and the employee, the employer must first apply for labor arbitration, and if the employer is not satisfied with the labor arbitration result, it can file a lawsuit with the court within 15 days of receiving the award. Article 79 of the Labor Law stipulates that after a labor dispute occurs, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration.

If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court. Article 43 of the Law on Mediation and Arbitration of Labor Disputes stipulates that the arbitral tribunal shall conclude its decision on a labor dispute case within 45 days from the date on which the application for arbitration is accepted by the Labor Dispute Arbitration Commission. If the case is complicated and requires an extension, it may be extended with the approval of the chairman of the labor dispute arbitration commission and the parties may be notified in writing, but the extension period shall not exceed 15 days.

If the arbitral award is not made within the time limit, the parties may file a lawsuit with the people's court on the labor dispute. When the arbitral tribunal decides a labor dispute case, a part of the facts is already clear and it may make a preliminary decision on that part. Legal basis:

Article 79 of the Labor Law of the People's Republic of China provides that after a labor dispute occurs, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Article 82 of the Labor Law stipulates that a labor dispute must first apply for arbitration within 60 days of the occurrence of the labor dispute, and a lawsuit can only be filed if the labor dispute is not satisfied.

Yes, labor disputes have to go through a certain process.

Independent negotiation, application for coordination, application for arbitration, civil litigation.

Yes, labor disputes must be arbitrated before they can be litigated.

Yes, arbitration is a pre-procedure for labor disputes.

Labor disputes need to be arbitrated before litigation.

The limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed. However, if a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration is not subject to this restriction.

If the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

If the worker is not satisfied with the arbitral award, he may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award.

Legal Analysis: Labor disputes need to be closed to labor arbitration before civil litigation.

Legal basis: Labor Law of the People's Republic of China Article 79 After the occurrence of a labor dispute, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration.

If they are not satisfied with the arbitral award, they may file a lawsuit with the People's Court for the Elderly.

Legal analysis: 1. The pre-arbitration procedure means that the parties to a labor dispute must first apply to the labor dispute arbitration commission for arbitration before filing a lawsuit with the people's court, and if the parties are dissatisfied with the arbitration award of the labor dispute arbitration commission, the parties can file a lawsuit with the people's court within 15 days from the date of receipt of the award. 2. Labor disputes need to be arbitrated first and then litigated.

In China, labor arbitration is a necessary procedure for parties to a labor dispute to file a lawsuit in the people's court. 3. The mediation of the unit mediation committee is not a necessary procedure for the parties to apply for arbitration to the labor dispute arbitration commission. That is, after the occurrence of a labor dispute, the parties can resolve it through the mediation committee of the unit, or they can directly apply to the labor dispute arbitration committee for arbitration without mediation.

According to Article 79 of the Labor Law of the People's Republic of China, after a labor dispute occurs, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Legal basis: Labor Law of the People's Republic of China

Article 79 After a labor dispute arises, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Lead Rot Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Article 80 A labor dispute mediation committee may be established within an employer. The Labor Dispute Mediation Committee is composed of employee representatives, employer representatives and trade union representatives. The chairman of the labor dispute mediation committee shall be a representative of the trade union.

If an agreement is reached through mediation in a labor dispute, the parties shall perform it.

1. Labor disputes need to be subject to labor arbitration before civil litigation. 2. According to the law, for labor disputes, labor arbitration should be applied for first, and those who are dissatisfied with labor arbitration can file a lawsuit in court. Labor arbitration is a necessary procedure to file a lawsuit in court.

Article 79 of the Labor Law After the occurrence of a labor dispute, the parties may apply to the Tongzhou Committee for mediation of labor disputes of their own units, and if one of the parties requests arbitration, they may apply to the Labor Dispute Arbitration Commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

According to the provisions of China's "Labor Dispute Mediation and Arbitration Law", in the following circumstances, an application for labor arbitration shall be made first, and the arbitration decision shall be dissatisfied, and then a lawsuit can be filed: (1) disputes arising from the confirmation of labor relations, (2) disputes arising from the conclusion, performance, modification, dissolution and termination of labor contracts, (3) disputes arising from removal, dismissal, resignation, and resignation, (4) disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection, (5) disputes arising from labor remuneration, Disputes arising from work-related injuries, medical expenses, economic compensation, or compensation, etc., (6) Other labor disputes as provided for by laws and regulations. Of course, in the event of a labor dispute, workers can protect their rights through a variety of channels

For example, you can negotiate with the employer, you can also ask the labor union or a third party to negotiate with the employer, reach a settlement agreement, you can apply to the mediation organization for mediation, you can apply to the labor dispute arbitration commission for arbitration, and if you are not satisfied with the arbitration award, you can file a lawsuit with the people's court.

For general civil disputes, it is usually necessary to conduct arbitration first, followed by litigation. However, the way in which labor dispute cases are handled is different.

According to the Labor Law of the People's Republic of China and the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, labor dispute cases can be filed directly with the people's court without the need for mediation or arbitration by labor arbitration institutions.

Specifically, if you feel that your labor rights and interests have been infringed, you can directly file a lawsuit with the local people's court without first going to labor arbitration. It should be noted that if you choose to file a lawsuit directly with the people's court, you should provide relevant evidence and materials to prove that your rights and interests have been infringed, and you should comply with the corresponding litigation procedures and time requirements.

If you choose to mediate or arbitrate through a labor arbitration institution, you should comply with the corresponding arbitration procedures and time requirements. In the process of labor arbitration, if the two parties are still unable to reach a settlement or are not satisfied with the arbitration result, they can still file a lawsuit in the people's court.

It should be noted that although labor dispute cases can be filed directly with the people's courts, in practice, some regions may stipulate that labor arbitration will be conducted first, and then litigation. Therefore, the specific treatment method also needs to be determined in accordance with local laws and regulations and relevant regulations.

Labor disputes are pre-arbitration, so under normal circumstances, arbitration is the first priority, and those who are not satisfied with the arbitration will be sued.