Whether wage disputes should go to the labor bureau or labor arbitration first

Labor arbitration in China is under the management of the Labor Bureau, and after the Labor Bureau receives your complaint, it will still go through the labor arbitration link first, so it is the same.

If you encounter such an enterprise, you must submit it to the human resources department or the boss in the form of a written resignation report, and it is best to sign for it, and if you can't sign it, find a third person to be present to prove it. After submitting the resignation application, you can immediately suspend work, and the written reason must be written: the enterprise owes wages and insurance, and cannot guarantee the health of employees and other objective factors.

Then directly to the District Labor Bureau to complain (do not go to the street and other small institutions to complain, generally such small institutions and enterprises should maintain a good relationship with the enterprise), the arbitration time is effective, generally within 15 working days after receiving the complaint will be decided, if there is still a dispute, you can go directly to the court.

Don't worry too much, don't be afraid, fight for your legitimate rights and interests, be sure to straighten your back, I believe that you can not only get a salary, but also get a considerable amount of compensation (the compensation is generally four times).

The Labor Bureau has been renamed the Human Resources and Social Security Bureau.

Abbreviated as the Human Resources and Social Security Bureau.

Complain to the Human Resources and Social Security Bureau or apply for arbitration.

Labor Contract Law.

Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable

1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2) Paying wages to workers at a rate lower than the local minimum wage standard;

3) arranging overtime work without paying overtime pay;

4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

Wage disputes generally must first go through labor arbitration. If the parties are not satisfied with the arbitral award, they can file another labor lawsuit in accordance with the law; However, if the parties have an IOU, they can directly file a lawsuit with the court for civil disputes such as arrears disputes.

Legal basis] Article 4 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration.

In the event of a labor dispute, the employee may negotiate with the employer, or ask the labor union or a third party to negotiate with the employer to 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 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.

Article 6. In the event of a dispute over labor group inspection, the parties have the responsibility to provide evidence for their own claims. or if the evidence related to the disputed matter is in the possession and management of the employer, the employer shall provide it; If the employer does not provide it, it shall bear the adverse consequences.

Labor disputes can go to court, but you must apply for labor arbitration before filing a lawsuit with the court.

According to Article 1 of the Labor Contract Law.

4. Article 5, the procedures for resolving labor disputes are generally as follows:

1. The employee first negotiates with the employer, or requests a third party to negotiate with the employer to reach a settlement agreement;

2. If they are unwilling to negotiate, fail to negotiate or fail to reach a settlement agreement, they may apply to the mediation organization for mediation;

3. If the applicant is unwilling to mediate, fails to resolve the mediation agreement or fails to perform the mediation agreement, he or she may apply to the labor arbitration commission for labor arbitration;

4. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the court.

Negotiation and mediation are not mandatory procedures, but arbitration is a mandatory procedure for litigation.

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

Article 4 In the event of a labor dispute, the old worker may negotiate with the employer, or ask the labor 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 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.

In the event of a labor dispute between the employer and the employee, the employer must first apply for labor arbitration, and if the employer is not satisfied with the labor arbitration result, it can file a lawsuit with the court within 15 days of receiving the award. Article 79 of the Labor Law stipulates that after the occurrence of a labor dispute, 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. Article 43 of the Law on Mediation and Arbitration of Labor Disputes stipulates that the arbitral tribunal shall conclude its adjudication of labor dispute cases within 45 days from the date on which the arbitration application is accepted 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 a labor dispute case, a part of the facts is already clear and it may make a preliminary decision on that part. Legal basis:

Article 79 of the Labor Law of the People's Republic of China After the occurrence of a labor dispute, 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.

Summary. Hello, yes. According to the law, for labor disputes, labor arbitration should be applied for first, and if you are not satisfied with labor arbitration, you can file a lawsuit in court.

Labor arbitration is a necessary procedure to file a lawsuit in court. Article 79 of the Labor Law provides that after a labor dispute occurs, 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.

Hello, yes. According to the law, for labor disputes, labor arbitration should be applied for first, and if you are not satisfied with labor arbitration, you can file a lawsuit in court. Labor arbitration is a necessary procedure for filing a lawsuit in court.

Article 79 of the Labor Law stipulates that after a labor dispute occurs, 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. The losing party 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.

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Legal analysis: Go to the labor bureau and labor inspection department to complain or apply for labor arbitration in the labor dispute with the unit.

Legal basis: Article 5 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes 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.

Legal Analysis: Yes. Labor disputes need to be arbitrated first and then litigated. In China, labor arbitration is a necessary procedure for parties to a labor dispute to file a lawsuit in the people's court, which is called the pre-arbitration of labor arbitration.

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 party asserts its rights to the other party, or requests relief from the relevant department of the file, 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.