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Anonymous users2024-02-06Legal analysis: There is the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration.
Legal basis: Law of the People's Republic of China on Labor Dispute Mediation and Filial Piety
Article 3 In resolving labor disputes, the lawful rights and interests of the parties shall be protected in accordance with the lawfulness, fairness, timeliness and emphasis on mediation in accordance with the facts and in accordance with the law.
Article 4 In the event of a labor dispute, the worker may negotiate with the employer, or may ask the trade union or a third party to negotiate with the employer and 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 you are unwilling to mediate, fail to mediate, or fail to perform the dismantling after reaching a mediation agreement, you may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
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Anonymous users2024-02-05Legal analysis: 1. The first part, which includes the basic information of the parties, the cause of action, the composition of the arbitral tribunal, and the overview of the situation; Its main function is to explain the basic situation of the personnel involved in the trial of the case. 2. The main function of this part is to display the focus of the dispute and the evidence presented and cross-examined by both parties, to ascertain and determine the facts of the case according to the principle of allocation of the burden of proof, to correctly apply laws, regulations and policies to determine the rights and obligations of the parties, and to inform the parties of their subsequent legal rights.
3. The tail part includes the name of the arbitrator, the name of the clerk, the date of the award, etc. Whether the signatures on the award are printed or handwritten is not consistent in local practice.
Legal basis: Article 43 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 43 The arbitral tribunal shall conclude the adjudication of labor dispute cases within 45 days from the date of acceptance of the arbitration application 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 on a labor dispute case where some of the facts are already clear, it may make a preliminary decision on that part.
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Anonymous users2024-02-04The content of labor arbitration includes the following aspects: 1. Dispute handling: Labor arbitration is conducted after the occurrence of labor disputes, and its main task is to deal with labor disputes, including disputes over wages, benefits, overtime, and termination of labor contracts.
2. Mediation and negotiation: Labor arbitrators usually try to conduct mediation and negotiation before the dispute is settled, so as to help both parties reach a settlement agreement and reduce litigation costs. 3 Evidence Collection:
In the process of dispute resolution, labor arbitrators need to collect relevant evidence, including the testimony of both parties, contracts, pay stubs, supporting documents, etc., in order to make a fair judgment. 4. Adjudication decision: After mediation or hearing, the labor arbitrator will make an adjudication decision in accordance with laws and regulations and relevant evidence to deal with the dispute.
5. Enforcement supervision: Once the award decision is made, the labor arbitrator also needs to supervise the enforcement to ensure that the rights and interests of both parties are protected. 6. Legal Advice:
In the process of handling labor disputes, labor arbitrators need to answer and consult the legal questions raised by both parties, and help both parties understand and apply relevant laws and regulations and policies, so as to better protect their own rights and interests. 7. Legal education: Labor arbitrators also need to carry out relevant legal education, including publicizing and popularizing labor laws, regulations and policies, improving citizens' legal awareness and legal quality, and promoting harmonious and stable labor relations.
8. Maintain social stability: Labor arbitration is an important work to maintain social stability, through the effective handling of labor disputes, resolve contradictions and disputes, promote the harmony and stability of labor relations, and maintain social harmony and stability.
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Anonymous users2024-02-03Hello dear! We'll be happy to answer for you. The contents of labor arbitration are as follows: 1
Disputes over labor rights and interests: disputes over wages, overtime pay, social security, benefits, etc. 2.
Disputes over labor contracts: such as the signing, performance, modification, and termination of contracts. 3.
Disputes over labor relations: such as disputes over the existence, nature, alteration, and termination of labor relations. 4.
Disputes over working conditions: such as disputes over working hours, working places, work content, labor protection, etc. 5.
Disputes over labor discipline: such as disputes over violations of the company's rules and regulations, management systems, etc. 6.
Disputes over litigation procedures: such as disputes over the legality of the adjudication procedure and the sufficiency of evidence. 7.
Disputes over property compensation: such as disputes over economic losses, moral losses, etc. 8.
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