How to write a labor arbitration dispute

Note: Arbitration refers to a method or system for resolving a specific dispute in which two or more parties agree to submit their economic contract disputes to the arbitration commission to judge right and wrong in accordance with the law, and make a one-time ruling binding on all parties. Article 16 of the Arbitration Law of the People's Republic of China:

"An arbitration agreement includes an arbitration clause entered into in a contract and an agreement to request arbitration, reached in other written form before or after the dispute has arisen." "Agreement to arbitrate.

It is an agreement reached by the parties to request arbitration in writing before or after the occurrence of the dispute, that is, the parties have reached a written agreement through mutual consultation to submit their dispute to the arbitration commission to judge right and wrong in accordance with the law, and make a one-time ruling binding on all parties. Format: [Form 1] Arbitration Agreement Parties:

Parties: The parties are willing to submit to the arbitration commission in accordance with the provisions of the Arbitration Law of the People's Republic of China to arbitrate the following disputes: (Matters in dispute) (1) ......2）……3）……Name of Parties:

Signature (Seal): Signature (Seal): Note:

The name of the arbitration institution must be accurate. Format 2] Arbitration"Arbitration Law of the People's Republic of China,After negotiation,We are willing to reach the following supplementary agreement on the arbitration matters stipulated in Article 1 of the contract signed on the date: All disputes arising from the execution of this contract or related to this contract shall apply to the arbitration commission, and the arbitration rules of the arbitration commission shall apply.

The decision of the arbitration committee shall be final and binding on both parties. Parties: Parties:

Signature (stamp): Signature (stamp): Date:

Date:

After a labor dispute arises, you can apply to the labor dispute arbitration commission for arbitration, but when the time comes, many people do not know how to write a labor dispute arbitration complaint. The following is a general introduction to some general knowledge of writing an arbitration claim for readers' reference. The Arbitration Claim mainly includes the following aspects:

1) The complainant's name, occupation, address and place of work; The name and address of the respondent, and if the respondent is an employer, the name and position of the legal representative should be indicated. and (2) the claim for arbitration and the facts and reasons on which it is based. First of all, the time, place, causes, process, and results of the dispute should be clearly stated, and the specific content and focus of the dispute between the parties should be emphatically stated, and the responsibilities that the defendant should bear should be explained.

If there are several items involved in the dispute, they must be listed one by one, and if they are omitted, they will not be accepted. (3) Evidence, names and addresses of witnesses. (4) The name or seal of the complainant himself, and the date of the complaint.

Readers should be reminded that a written application must be submitted to the arbitration committee within the statutory limitation period (within 60 days from the date of occurrence of the labor dispute), and a copy must be submitted according to the number of respondents.

Legal analysis: The application for arbitration shall contain the following matters: (1) the name, gender, age, occupation, work unit and domicile of the initiator of the labor dispersion, the name and domicile of the employer, and the name and position of the legal representative or the main person in charge; (2) the claim for arbitration and the facts and reasons on which it is based; (3) Evidence and evidence**, the witness's surname, limb name, and residence.

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.

Legal basis: Labor Dispute Mediation and Arbitration Law Article 28 The claimant shall submit a written application for arbitration and submit a copy 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 on which it is based, and the reasons;

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.

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 of Zheng Zheng**, names and addresses of witnesses. If it is really difficult to write the arbitration application, the application may be made orally, and the labor dispute arbitration commission shall record it and inform the other party.

In addition to the above, a complete application for arbitration should also indicate the full name of the selected labor dispute arbitration commission applying for arbitration, the time of applying for arbitration, and the name of the applicant at the bottom right;

If the applicant is a legal person or other organization, the full name should be written, and the name and position of the legal representative or principal responsible person should be separately indicated, and the official seal of the legal person or other organization should be affixed.

In addition, the number of copies of the Statement of Claim, the name of the evidence submitted, the number of responses, and the number of copies shall be indicated, and they shall be attached to the Statement of Claim in numbered order.

Legal analysis: The main content of the labor dispute arbitration application is to write the basic information of the complainant, the name and position of the legal representative, the request clearly, the facts and reasons, the reason for the matter, and finally the name of the arbitration committee, as well as the name and date of the complainant.

Legal basis: Labor Law of the People's Republic of China

Article 16 A labor contract is an agreement between a worker and an employer to establish a labor relationship and clarify the rights and obligations of both parties.

A labor contract shall be concluded for the establishment of labor relations.

Article 17 The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.

The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

Article 26 Under any of the following circumstances, the employer may terminate the labor contract by making a blind move, but shall notify the employee in writing 30 days in advance:

1) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he is unable to engage in his original job or work that is assigned to another employer by the employer;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the tenant cannot reach an agreement on the modification of the labor contract after consultation.

Article 46 The distribution of wages shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented.

The level of wages has been gradually raised on the basis of economic development. The state implements macroeconomic regulation and control over the total amount of wages.

Article 51 The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with law.

Article 79 After a labor dispute arises, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

The application for arbitration of labor and personnel disputes shall clearly state the basic identity of the employee and the unit to refer to the other party, as well as the information and certificate information; Facts, reasons, and labor arbitration requests; Evidence and evidence**, names and addresses of witnesses, etc.; If it is truly difficult to write an application for arbitration, the application may be made orally.

[Legal basis].

Article 28 of the Law on Mediation and Arbitration of Labor 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.

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