Did you win the case when you applied for labor arbitration on the grounds that the company did not

If the employer does not arrange a job or pay wages to the employee, it is an act of actual termination of the labor contract, and the employee may apply for labor arbitration to claim compensation for illegal termination. If you prepare well, you can win the case.

1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing)!

2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then the first hearing, after which the two parties will be mediated, and the arbitration committee will issue an award if the mediation fails; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court;

3. It is possible to ask professionals to provide remote guidance services and write legal documents such as labor arbitration applications and evidence lists without inviting local lawyers. And during the application for labor arbitration, do not delay the worker to work in the new unit!

Article 87 of the Labor Contract Law Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

After signing a labor contract, the company does not arrange work, first of all, it must consult the company, the reason is sufficient (such as no order), there is no work arrangement, the company is not wrong, on the contrary, the company is changing direction to crowd out the loss of personnel, there is no reasonable reason not to arrange work, and the probability of winning the application for arbitration is high.

Yes, if you have the ability to work and the company does not give you the right to work, then you can apply to the Labor Arbitration Board for arbitration.

For employees, as long as the party at fault is not themselves, then the employee has the right to claim financial compensation from the company. Because the company squeezes out employees in many ways, so that employees can not continue to stay in the company, so don't be afraid of offending the company, but get your due compensation.

1. Negotiate with the company

Since the company wants the employee to leave voluntarily, it proves that the company is dissatisfied with the employee, so it will force the employee to leave. But in order to better solve this matter, it is best to find a suitable opportunity to communicate with the boss to see if there is room for redemption, or whether the company is willing to come up with the money to solve it, otherwise a lot of time will be wasted on this matter. Because the company is based on "interests", unless we are valuable to the company, it is easy to be suppressed or even treated unfairly, so when we think about the company, we must see whether the company is worthy of our efforts.

2. Labor arbitration

As long as the interests of the worker are harmed, and we have sufficient evidence in hand, then we can file a complaint with the labor bureau and wait for the case to be filed. Because they will also have a screening process, once the review is passed, the labor bureau will issue a notice to appear in court, regardless of whether either party does not appear in court, it will be deemed to have given up the main complaint, so even if the defendant deliberately delays, the final impact will be greater on the defendant, and even detention and compensation. In addition, under normal circumstances, the severance is paid according to the employee's working years, less than 6 months according to the double, and after 6 months and less than 1 year, it is paid according to 1 time.

In fact, no matter which way we choose, the purpose is to solve the problem efficiently, because everyone's money is not blown by the wind, but hard-earned, not only to pay labor, but also to spend valuable time, so don't give up, but fight with the company to the end.

Yes, in such a situation, you can also apply for labor arbitration.

If the company deliberately excludes you from arranging a job in order to make you resign voluntarily, you must produce sufficient evidence before you can apply for labor arbitration.

I think it's really good to apply for labor arbitration, and to protect your rights and interests.

When a worker is working, it is easy for a worker to have a dispute with the employer. In the event of a dispute, labor arbitration is generally the option. However, when they check the relevant information, they will find that it is best not to arbitrate with their own employer.

So why not labor arbitration with their unit? Let's follow Bian Xiao after all.

Why is it better not to arbitrate with the employer?

Odds of an individual winning: Labor arbitration is a procedural law between an employee and an employer, mainly for labor disputes. However, during the work period, many people often hear that it is better not to engage in labor arbitration with the employer.

One of the main reasons is that labor arbitration litigation is a laborious and time-consuming matter. Although the company knows that it will not win, it will still choose to procrastinate. If it is negotiable, it may negotiate to handle labor disputes.

Evidence is difficult to collect: Many people who go to work do not feel that their interests have been compromised at first, so they do not collect relevant evidence during their work. So once something bad happens, their interests are harmed, there is no direct evidence, and the process of collecting past evidence is also very difficult.

There was once a news story that the employer deliberately delayed the time, even several years, before implementing the labor arbitration.

Personnel from the previous company can be traced back to the new company unit through relevant channels, which will cause bad rumors. In addition, labor arbitration needs to be adjusted or appear in court before the working day, which will delay the working time.

How to go through the labor arbitration procedure?

If you want to conduct labor arbitration, you must first prepare relevant evidence and submit the materials to the local labor bureau to apply for arbitration. The arbitration commission shall make a decision on accepting or rejecting the application within five days from the date of receipt of the application for arbitration. After the decision is made, a copy of the complaint shall be served on the respondent within five days, and then the ** hearing and arbitration mediation will be conducted.

It's because labor arbitration is too time-consuming, and the unit's wrist is relatively hard, and they usually think of a way when they sign the contract.

It's because this kind of thing may make you known by a lot of people, in case these companies won't hire you because of this matter.

We have to go to labor arbitration to protect our legitimate rights and interests, and don't listen to these people's nonsense, and then let our interests be harmed.

Legal Analysis: Companies need to participate. The arbitration is a quasi-judicial procedure, and it is recommended to actively respond to the lawsuit, otherwise the arbitration committee will hear it in absentia, and some of the claims will be final.

If an employee applies to the Labor Arbitration Commission for labor arbitration because of a labor dispute with the company. After the arbitration commission accepts the case, the company will become the respondent of the labor arbitration, need to participate in the arbitration, and be bound by the award of the labor arbitration. It may be necessary to compensate the worker financially, indemnify or otherwise

Legal basis: Article 5 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration 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 an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

If the company does not arrange work, the parties can apply for arbitration from the date of Zaoling when they know or should know that their rights have been infringed.

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.

The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated.

Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration stipulated in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

If the employer does not arrange a job for the employee and does not pay the employee's wages, it is an act of actual termination of the labor contract, and the employee may apply for labor arbitration to claim compensation for illegal termination. Go to the labor dispute arbitration commission in the local human resources and social security bureau to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information.

Legal basis] Article 2 of the Law on Mediation and Arbitration of Labor Disputes, this Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

If there is no labor contract, you can apply for arbitration, but if you apply for arbitration without a contract, it may bring inconvenience to the proof of rights protection in the future. The evidence required to apply for labor arbitration without a labor contract is as follows: 1. A list of social security that can be printed and stamped by the Social Security Bureau; 2. Go to the local taxation bureau to print and seal the individual income tax payment certificate; 3. Bank salary bills and salary slips; 4. Temporary residence permit, work permit, work uniform work permit, etc. handled by the employer for the employee; 5. Attendance records, entry forms, and work orders; 6. Witness testimony of workers, etc.

1. Whether the labor contract is lost can be applied for labor arbitration.

If the labor contract is lost, labor arbitration can also be carried out. The loss of the labor contract does not affect the application for labor arbitration. If there is no labor contract, it is crucial to have evidence to prove the employment relationship, such as work permit or work card (preferably stamped with the official seal), salary card transaction records, salary slips, tooling with the name of the company, individual income tax payment certificate printed and stamped by the local taxation bureau, temporary residence permit handled by the employer for you, attendance records, social insurance payment records, work orders, colleague testimony (if you leave the company), audio and video recordings, or other written materials with your name and official seal or the signature of the boss, etc.; Of course, it is possible to apply for labor arbitration without evidence, but there is a risk of losing the case.

Second, how to prove that the boss does not pay wages.

Evidence that can prove the existence of labor relations and evidence of wage arrears, including work permit or work card preferably stamped with the official seal, tooling with the name of the company, individual income tax payment certificate printed and stamped by the local taxation bureau, temporary residence permit handled by the employer for the employee, attendance records, social insurance payment records, work orders, colleague testimony (resignation and in-service are acceptable), salary card transaction records, salary slips or audio and video recordings of the person in charge of the company, etc. In the case of wage arrears by the employer, the employee can generally prove the employment relationship and make corresponding claims, and the specific wage composition, the fact of arrears and the amount of arrears are generally provided by the employer.

Article 5 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China provides that 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 an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

If a worker resigns and the employer is in arrears of wages and commissions without reason, the worker may apply for labor arbitration and demand the employer to pay the arrears of wages. 1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing)!

2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court; 3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit. Article 50 of the Labor Law of the People's Republic of China stipulates that wages shall be paid to the worker himself in the form of money on a monthly basis. The wages of the scumbag workers shall not be deducted or owed without reason.

Article 18 of the Interim Provisions on Payment of Wages Article 18 Labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation of the worker, and may also order the employer to pay compensation: :(1) Withholding or defaulting on the wages of the worker without reason; (2) Refusing to pay wages to workers for extended working hours; (3) Paying wages to workers below the local minimum wage standard.

The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

Article 5 of the Labor Dispute Mediation and Arbitration Law stipulates that 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 an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.