What are the formalities required for labor arbitration application and legal proceedings?

Instructions for Submission of Evidence for Labor Arbitration The following evidence shall be submitted when applying for labor arbitration:

Name of the evidentiary material.

Original photocopy.

Quantity. Remark.

Registration Form for Application for Labor Dispute Arbitration.

Original. 1 serving.

Application for Labor Dispute Arbitration.

Original. 2 servings.

Submit copies according to the number of respondents.

Applicant's ID card.

Copy. 1 serving.

For the new generation of ID cards, please make a photocopy on both sides.

Power of Attorney.

Original. 1 serving.

Submit according to different authorizations; The power of attorney needs to specify the entrustment matters and authority.

Proof of identity or eligibility of the delegate.

Copy. 1 serving.

Proof of the relationship between the principal and the delegate.

Copy. 1 serving.

No Charge Agreement for Delegation**.

Original. 1 serving.

A letter from a law firm or a letter from a legal aid agency.

Original. 1 serving.

Registration information of the respondent.

Copy. 1 serving.

Valid for one month from the date of printing.

Proof of the existence of an employment relationship between the applicant and the respondent.

Copy. 1 serving.

Such as labor contract, temporary residence permit, work permit, factory license, work card, salary record, employment registration form, deposit receipt, penalty certificate, social security policy, certificate of dissolution or termination of labor relationship, etc.

If necessary, **QQ chat for friends.

In terms of the process, it should be arbitration first and then litigation, and it is recommended that you go to the Adjudicatorial Committee to ask, I think the situation may be different in different places.

Prepare the materials, write the complaint and submit it to the court, and then wait for **, it is recommended to entrust a lawyer to help you.

1. Application. 2. Proof of identity. 3. Proof of labor and personnel relations.

Labor Dispute Mediation and Arbitration Law of the People's Republic of China Article 27 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 customs 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 cause of the invalidity is eliminated at the time of suspension.

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, the sliding rule for the termination of the employment relationship shall be filed within one year from the date of termination of the employment relationship.

Legal basis: Article 27 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 27 The limitation period for applying for arbitration of labor disputes is one year. The period of validity at the time of 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 justifiable reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the cause of suspension is 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.

When a party applies for arbitration of a labor dispute, the party shall personally or in writing entrust a person to apply in writing to the arbitration commission with jurisdiction, fill in the application form in accordance with the requirements of the application and submit it to the arbitration staff, and then wait for the notice of whether it will be accepted. (1) The worker and the employer in the event of a labor dispute are the parties to the labor dispute arbitration case. In the event of a labor dispute between a labor dispatch unit or an employing unit and a worker, the labor dispatch unit and the employing unit shall be joint parties.

2) Materials to be submitted for labor arbitration. 1. Application. The application shall be submitted in triplicate, submitted to the arbitration commission in two copies, and one copy shall be retained by the applicant?

When the respondent is a joint party, the application shall be submitted in quadruplicate, submitted to the arbitration commission in three copies, and the claimant shall retain one copy. The application form must be written in blue-black or black with a pen or signature pen, signed by the applicant and dated on it. In addition to the basic information of the parties such as the name, gender, age, occupation, work unit, domicile, and contact ** of the employee, and the name, address, name, position, and contact of the legal representative or person in charge of the employer, the application should also contain clear and specific application requests and the facts and reasons on which the application is based.

2. Proof of labor relationship. Such as labor contract, certificate of dissolution or termination of labor contract, proof of salary payment, proof of social insurance payment, work permit, access card and other materials and corresponding copies of A4 type paper. 3. Proof of identity of the respondent.

When the claimant applies for labor arbitration, if the arbitration commission requires the claimant to submit relevant materials that can prove the identity of the respondent according to the needs of case filing and review, the claimant shall submit them as far as possible. If the respondent is an employer, should it provide proof of its industrial and commercial registration? Including the name of the unit, legal representative, domicile, copy of ID card, place of business, etc.; If the respondent is a worker, the respondent shall submit the address of his/her household registration, the address of his/her current place of residence, contact information, etc.

4. Proof of identity. If the applicant is a worker, should he bring his or her identity certificate and submit a copy of the A4 type paper? If there is a principal, the power of attorney and the identity certificate of the principal, etc., should also be submitted; If the applicant is an employer, should bring a copy of the business license of the employer and submit a copy of the A4 type paper?

As well as the identity certificate of the legal representative of the unit, the power of attorney, the identity certificate of the entrusting person, etc. 5. Confirmation of service address. When submitting the application, the applicant shall fill in the Confirmation of Service Address, indicating the detailed address, postal code and contact number of the arbitration documents to be received.

3) Acceptance or non-acceptance. Within five days from the date of receipt of the application, the arbitration commission shall make a decision on acceptance or non-acceptance and notify the applicant. For cases that are decided to be accepted, the applicant shall go through the relevant formalities with the arbitration commission in a timely manner; If the decision is not accepted, the arbitration commission shall serve a Notice of Inadmissibility on the applicant.

Procedures and materials for applying for labor arbitration:

1. The worker submits a written application for labor arbitration to the labor arbitration commission;

2. The labor arbitration commission accepts the application and conducts arbitration;

3. The labor arbitration committee shall hear the case and make an arbitration ruling.

The materials that need to be dismantled include the arbitration application, the royal amendment, evidence and other materials.

[Legal basis].Article 28 of the Law on Mediation and Arbitration of Labor Orange Disputes.

The claimant applying for arbitration shall submit a written application for arbitration and submit copies according to the number of respondents. The statement of claim for arbitration shall contain the following particulars:

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.