I have a labor dispute with my employer, do I need to find a labor arbitration department, do I need

Updated on society 2024-02-09
7 answers
  1. Anonymous users2024-02-05

    Whether or not a lawyer is required should be decided by the client according to his or her own needs.

    According to the provisions of the "Lawyers Law", the participation of a lawyer in litigation or arbitration shall be premised on accepting the entrustment of the parties. For parties who apply to the labor dispute arbitration commission for labor arbitration due to labor disputes, they may directly participate in labor arbitration activities without retaining a lawyer**.

    However, if the parties do not have relevant legal knowledge or professional experience, it is recommended to entrust a lawyer as much as possible, so as to better protect their legitimate rights and interests.

    Article 28 of the Lawyers Law: Lawyers may engage in the following businesses:

    1) Accepting the entrustment of a natural person, legal person, or other organization to serve as legal counsel;

    2) Accept the entrustment of the parties to civil or administrative cases, serve as the first person, and participate in litigation;

    3) Accept the entrustment of criminal suspects in criminal cases, provide them with legal advice, make appeals or accusations, apply for release on guarantee pending further investigation for arrested criminal suspects, accept the retention of criminal suspects or defendants or the designation of the people's courts, serve as defenders, accept the entrustment of private prosecutors in private prosecutions, victims of public prosecutions, or their close relatives, serve as ** persons, and participate in litigation;

    4) Accept entrustment, ** appeals in various litigation cases;

    5) Accept entrustment and participate in mediation and arbitration activities;

    6) Accept entrustment to provide non-litigation legal services;

    7) Answering inquiries about the law, litigation documents and other documents related to legal affairs.

  2. Anonymous users2024-02-04

    There is generally no need to hire a lawyer! Of course, something is better than nothing! It is recommended to apply for free legal aid at the Legal Aid Center of the Department of Justice!

  3. Anonymous users2024-02-03

    It's best to find a lawyer, they are professional.

  4. Anonymous users2024-02-02

    Whether to hire a lawyer for labor arbitration can be decided according to the actual needs of the client. For labor dispute cases, it is necessary to go through labor arbitration, first and second instance and compulsory enforcement procedures. As far as arbitration procedures are concerned, the time limit prescribed by law for labor arbitration is 45 days to conclude a case, but in practice, the time from applying for arbitration to receiving the award is often half a year.

    If one party is dissatisfied with the arbitral award, it must go to the court for the first and second instance. Where the judgment documents are not performed, an application must also be made to the court for compulsory enforcement. At each stage, the parties should file the case, receive notices, appear in court, and receive judgment documents.

    If the parties have enough time, they can handle it on their own; If you have limited time, you can hire a lawyer**.

    According to Article 9 of the "Measures for the Administration of Lawyers' Fees", the fees for lawyers' services subject to market regulation shall be determined through consultation between the law firm and Yunxiang's client.

    1. How are lawyers' fees charged in bribery cases?

    There is no uniform standard for attorney fees, and the specific amount can be determined through negotiation with the lawyer according to the ** guide price. Under normal circumstances, fees are charged in accordance with the stage of case handling, and the following provisions may be referred to:

    Fees for criminal cases are to be determined on a case-by-case basis at each stage of case handling, and at the investigation stage, each case is charged between 5,000 and 10,000 yuan; In the review and prosecution stage, each case is charged 5,000 to 10,000 yuan; In the first instance stage, each piece is charged 10,000 to 30,000 yuan. Second, second-instance trials, death penalty reviews, retrials, appeal cases, and private criminal prosecution cases are subject to lawyers' service fees in accordance with the fees for the first-instance trial.

    Measures for the Management of Lawyers' Service Fees".

    Article 4: Fees for lawyers' services are to be subject to ** guide prices and market-regulated prices.

    Article 5. Law firms provide the following legal services in accordance with the law, and implement the ** guide price:

    1) **Civil litigation cases;

    2) **Administrative litigation cases;

    3) ** State compensation cases;

    4) Providing legal advice, appeals and accusations, applying for release on guarantee pending further investigation for criminal suspects in criminal cases, and serving as the defendant's defender or private prosecutor, or the victim's litigator;

    5) **Appeals in various litigation cases.

    The fees charged by law firms for providing other legal services shall be subject to market-adjusted prices.

    Article 9 of the Measures for the Administration of Lawyers' Fees.

    Fees for lawyer services that are subject to market regulation are to be determined through consultation between the law firm and the client.

  5. Anonymous users2024-02-01

    Labor disputes do not have to be arbitrated first. If a labor dispute arises between the employer and the employee, it can be handled through negotiation or mediation. If the above methods cannot be handled, you can apply for arbitration or file a lawsuit in accordance with the law.

    [Legal basis].

    Article 4 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes.

    In the event of a labor dispute, the employee may negotiate with the employer, or ask the labor union or a third party to negotiate with the employer to reach a settlement agreement.

    Article 5. In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with the arbitral award, he or she may file a lawsuit with the People's Court of the People's Republic of China, except as otherwise provided in this Law.

    Article 6. In the event of a labor dispute, the parties concerned have the responsibility to provide evidence for their own claims. If the evidence related to the disputed matter is in the possession and management of the employer, the employer shall provide it; If the employer does not provide it, it shall bear the adverse consequences.

  6. Anonymous users2024-01-31

    Hello dear! When there is a dispute between the employee and the company regarding the labor relationship, he or she can apply for labor arbitration, and whether to hire a lawyer for labor arbitration should be based on the corresponding circumstances. First of all, whether a lawyer is required for labor arbitration is decided based on the specific facts of the case.

    For the amount of the subject matter of the dispute is not large, the legal relationship is clear that there is no need for a lawyer, of course, if you do not need to hire a lawyer, you must ask more questions and ask more questions to solve the problem. If the amount of dispute is larger than that of the object, there is a dispute, and the cover needs to be investigated, it is best to find a lawyer to help, because after all, labor arbitration also belongs to the legal aspect of the matter, and the aspect of professional knowledge is a very professional demand. Therefore, if you find a lawyer, whether it is professional, eloquent, or experience, it is helpful to have a lawyer.

  7. Anonymous users2024-01-30

    OK. Parties to labor dispute arbitration cases may hire lawyers**. According to the provisions of China's Labor Dispute Mediation and Arbitration Law, if you entrust another person to participate in arbitration activities, you should submit a power of attorney to the labor dispute arbitration commission in advance, which shall specify the matters and authority of the entrustment, and be signed or sealed by the client.

    China's Labor Dispute Mediation and Arbitration Law does not stipulate the scope of the client, but China's Civil Procedure Law stipulates that if you are dissatisfied with the labor arbitration award and sue the court, only lawyers, legal workers, close relatives, etc. can accept the entrustment to serve as the first person.

    1. Can the traffic accident compensation agreement be entrusted to a ** person?

    In the process of handling traffic accident cases, ** people may be entrusted to handle relevant affairs on their behalf. However, matters that cannot be handled by others, such as accepting punishments, can only be handled in person, and cannot be handled by others. Article 63 of the Provisions on Procedures for Handling Road Traffic Accidents The persons participating in the mediation of damage compensation include:

    1) The parties to the road traffic accident and their ** persons; (2) The owner or manager of the vehicle involved in a road traffic accident; (C) the traffic management department of the public security organs deems it necessary to participate in other personnel. The entrusting person shall issue a power of attorney signed or sealed by the principal. The power of attorney shall clearly indicate the matters to be entrusted and the scope of authority.

    No more than three parties may participate in the mediation. Therefore, the signing of a traffic accident compensation agreement can be entrusted to a professional person, but when it is entrusted to a person, it is also necessary to be able to be clear about the relevant guidelines and specific methods of entrustment.

    2. What materials need to be prepared to apply for labor arbitration?

    1) Application for Labor Arbitration (stating in detail the facts and reasons of the application, in duplicate or according to the number of respondents;

    2) Applicant's identity certificate and photocopy;

    3) If there is a person who entrusts **, it is necessary to sign and submit the "Power of Attorney" in person, indicating the matters of entrustment, and at the same time submit a copy of the ID card of the entrusted person. If the client's ** person is a practicing lawyer sent by a law firm, a copy of the practicing lawyer's certificate should be provided: if the client's ** person is a citizen, the no-charge ** agreement signed with the client, as well as the legal information on the relationship between the client and the client;

    Legal basis: Article 5 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes.

    Basic Procedures for Handling Labor Disputes] In the event of a labor dispute, if the parties are unwilling to negotiate, the negotiation fails, or the poor person does not perform after reaching a settlement agreement, he may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; A person who is dissatisfied with an arbitral award may file a lawsuit with the people's court, except as otherwise provided for in this Law.

    Article 24 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China provides that the parties may entrust a person to participate in arbitration activities. If a person is entrusted to participate in an arbitration activity, a power of attorney signed or sealed by the client shall be submitted to the labor dispute arbitration commission, and the power of attorney shall specify the matters and authority of the entrustment.

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