What should I do if I don t have money to pay the legal fee during the appeal period of a labor disp

For civil litigation (or labor arbitration) that has already entered the appeal period of labor dispute cases, and there is no money to pay the second-instance litigation fees, the questioner (natural person) can use the evidence of his or her own poverty (such as subsistence allowance, family and salary income) to apply to the case filing division of the people's court of second instance for judicial assistance of delay, reduction or exemption.

Only after handling the above applications (and providing that it may be difficult to pay the litigation fees due to the possibility of livelihood), and after the approval of the people's court of appeal (second instance), the payment can be postponed, reduced, or waived. It is based on Article 44 of the Measures for the Payment of Litigation Fees (Order No. 481, effective as of April 1, 2007).

During the appeal period, if the family is really in difficulty and cannot afford to pay the legal fees, they can apply to the court for a waiver.

If you are only temporarily unable to pay the legal fees, you can apply to the court for a postponement of payment.

When applying for exemption from deferred payment of litigation fees, it is necessary to issue relevant certificates to the court, such as a certificate of family hardship issued by the local community, street, village or town or civil affairs department, or relevant materials proving that the family has a major burden and has no living facts.

During the labor lawsuit, the employer does not pay you. However, you have to pay the legal fees yourself, and if you do not pay the legal fees, you will give up the litigation on your own.

If the legal fee is not paid within the appeal period. Then you can only give up this case.

If you don't have the money to pay the legal fees, then give up the case later.

Borrow money to pay, or recognize the judgment of the first instance.

Legal Analysis: If you are a recipient of the minimum subsistence guarantee, a recipient of regular relief for the extremely poor in rural areas, a recipient of the Rural Five Guarantees, or a recipient of unemployment insurance money, and have no other income, or if your legitimate rights and interests have been harmed due to acts of righteousness or courage or to protect the public interest, you or your close relatives can apply to the court for judicial assistance if you or your close relatives request compensation or compensation. The people's court shall grant you a waiver of litigation fees.

Legal basis: "Measures for Payment of Litigation Fees" Article 45: Where a party applies for judicial aid and meets any of the following circumstances, the people's court shall grant a waiver of litigation fees:

1) Persons with disabilities who have no fixed livelihood**;

2) Recourse for alimony, alimony, child support, or pension;

3) Recipients of the minimum subsistence guarantee, regular relief for the extremely poor in rural areas, recipients of the five guarantees in rural areas, or persons receiving unemployment insurance money, who have no other income;

4) Where their lawful rights and interests have been harmed as a result of courageous acts of righteousness or to protect the public interest, and they or their close relatives request compensation or compensation;

5) Other circumstances that truly require exemption.

1. What should I do if I don't have money to pay the appeal fee in a civil lawsuit?

1. If you have no money to pay the appeal fee, you can apply to the people's court for a delay, reduction or exemption from the payment of litigation fees.

2. Legal basis:

Measures for Payment of Litigation Costs

Article 44: Where parties have real difficulties in paying litigation fees, they may apply to the people's courts for judicial assistance in delaying, reducing or waiving the payment of litigation fees in accordance with these Measures. The waiver of costs applies only to natural persons.

Article 45: Where parties apply for judicial aid and meet any of the following circumstances, the people's courts shall grant exemption from paying litigation fees:

1) Persons with disabilities who have no fixed livelihood**;

2) Recourse for alimony, alimony, child support, or Huixin pension;

3) Persons who are eligible for subsistence subsistence allowances, those who are eligible for regular relief for rural extreme poverty, those who are eligible for the five guarantees in rural areas, or those who receive unemployment insurance money, and have no other income;

4) Where their lawful rights and interests have been harmed as a result of courageous acts of righteousness or to protect the public interest, and they or their close relatives request compensation or compensation;

5) Other circumstances that truly require exemption.

2. What are the legal consequences of withdrawing a lawsuit

Regardless of whether the parties apply for withdrawal of the lawsuit or handle it as withdrawn, there will be certain legal consequences:

1. The court's decision to allow the withdrawal of the lawsuit or to deal with it as a withdrawal will directly lead to the legal consequences of terminating the litigation procedure;

2. Where the statute of limitations begins to run again, and the plaintiff files a lawsuit again within the statute of limitations, the people's court shall accept it;

3. The plaintiff or appellant shall bear the litigation costs.

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Legal analysis: The fee for labor dispute appeal is 10 yuan. 10 yuan per labor dispute case.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 164:Where parties are dissatisfied with the first-instance judgment of a local people's court, they have the right to appeal to the people's court at the level above within 15 days of the judgment being served. Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.

Article 106: An appeal shall be submitted to an appeal. The content of the appeal petition shall include the name of the person in question, the name of the legal person and the name of its legal representative, or the name of other organizations and the name of their principal responsible person; the name of the original people's court, the case number, and the cause of action; Request and grounds for appeal.

It takes 45 days for a labor dispute lawsuit to be resolved. The arbitral tribunal shall decide on a labor dispute case within 45 days from the date on which the labor dispute arbitration commission accepts the arbitration application. 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 rendered within the time limit, the parties may quietly file a lawsuit with the people's court on the labor dispute. Labor arbitration shall be concluded within a maximum of 60 days from the date of acceptance of the case. According to Article 43 of the Law on Arbitration and Mediation of Labor Disputes, the arbitral tribunal shall adjudicate a labor dispute case within 45 days from the date on which the labor dispute arbitration commission accepts the arbitration application.

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.

The fee for filing a labor dispute lawsuit with the court is as follows: if a person files a lawsuit with the court due to dissatisfaction with the labor dispute arbitration award, the court's case acceptance fee is 10 yuan, but according to the provisions of the "Measures for Payment of Litigation Fees", when Yuan Jinghua files a lawsuit with the court, Tangerine Wax may not pay the case acceptance fee in advance.

Article 13 of the Measures for Payment of Litigation Fees The case acceptance fee shall be paid in accordance with the following standards: 10 yuan for each labor dispute case. Article 47 of the "Measures for Payment of Litigation Fees" Where a party applies for judicial assistance and meets any of the following circumstances, the people's court shall grant a deferral of payment of litigation fees:

1) Recourse to social insurance funds or economic compensation; (2) The victim of a marine accident, traffic accident, medical accident, work-related accident, product quality accident, or other personal injury accident requests compensation; (3) They are currently receiving legal aid from relevant departments; (4) Other circumstances where it is truly necessary to postpone payment.