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A complete Statement of Claim for Arbitration should include the following:
Facts and reasons: Explain the application matters (including evidence and evidence, the names and addresses of witnesses, etc.), mainly depending on the specific circumstances of your case, the format is very simple, the key is to write an application to protect your legitimate rights and interests to the greatest extent and win the case according to your situation;
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Legal analysis: The format of the labor arbitration application is as follows, which must first indicate the employee's name, gender, age, occupation, work unit, address, mailing address, and ** number. Then write the name, address, mailing address, ** number of the employer, the name and position of the legal representative or the main responsible person, the arbitration request and the facts and reasons on which it is based.
It is also necessary to write the evidence**, the names of the witnesses, and the specific address. According to Article 29 of the Rules for Handling Cases of Arbitration of Personnel Disputes, the claimant shall submit a written application for arbitration and submit a copy according to the number of respondents.
Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes
Article 2 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.
Article 27 The limitation period for applying for arbitration of labor disputes shall be 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 as provided for 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.
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The application for labor arbitration shall state the following contents:
1. Title; 2. Applicant's information;
3. Information of the respondent;
4. Claim for arbitration;
5. Facts and reasons;
6. Submitting unit;
7. Signature and date of the applicant;
8. At the end of the application, it is necessary to write down the work location, entry time and other matters.
[Legal basis].Article 28 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes.
The claimant applying for arbitration shall submit a written application for arbitration and submit a copy according to the number of respondents. The application for imitation of arbitration shall contain the following matters:
1) The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;
2) the claim for arbitration and the facts and reasons on which it is based;
3) Evidence and evidence**, names and addresses of witnesses.
If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration commission shall record it in the record and inform the other party.
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