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Labor Dispute Arbitration Application Format:
Respondent: Legal representative:
Sincerely. Labor Dispute Arbitration Commission.
Applicant: (Signed or stamped).
YYYYYYYYYYYYYYYYY
Attached: a copy of the application form;
Evidentiary materials.
In the case of labor arbitration, it is sufficient for the company to handle it.
Submit the Application for Labor Dispute Arbitration to the Labor Dispute Arbitration Commission in duplicate.
When submitting the Application for Labor Dispute Arbitration, the following materials shall be submitted to the Labor Arbitration Commission:
1. A copy of ID card;
3. If the applicant is an employer, a copy of the business license of the enterprise legal person shall be submitted; Proof of identity of the legal representative;
4. If there is a client, submit a power of attorney. If the entrusting person is a lawyer, submit an official letter from the law firm; If the person is a citizen, a copy of the ID card of the person shall be submitted.
Hope it helps!
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Third, do you want to submit the information of your complaining party?
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The process of applying for labor arbitration: 1. The labor arbitration commission shall go to the local human resources and social security bureau (formerly the labor bureau), and when filing the case, it shall bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing and other regions)!
2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a quiet period for presenting evidence and a time period for the other party to reply; Then ** hearing, after which the two parties will be mediated, and the mediation will not result in the arbitration commission issuing 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. You can ask professionals to provide remote guidance services and write legal documents such as labor arbitration application and evidence list without inviting a local lawyer. In addition, during the application for labor arbitration, the employee will not be delayed to work in the new unit.
Article 28 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents. The application for arbitration shall contain the following matters: (1) The name, gender, age, occupation, place of work and residence 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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Legal analysis: If the worker works for the employer, there are two ways to request the payment of wages: 1. The worker can complain to the labor inspection in the local human resources and social security bureau; Pros:
It's simple. Disadvantages: Enforcement may not be very strong in some areas; 2. You can apply for arbitration at the labor dispute arbitration committee in the local human resources and social security bureau and request payment of wages.
If you do not have an employment contract, you can demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments. Pros:
In addition to wages, financial compensation, double wages, etc., can also be claimed, and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance is required.
Legal basis: "Law on Mediation and Arbitration of Labor Bridge Brigade 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 or 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.;
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Facts & Reasons:
Including: whether the complainant has entered into a labor contract during his work, whether he has entered into a labor contract, the term of the contract (from when to when), whether there is a dispute between the employer and the employee over the facts of the violation, whether the employer has violated the labor security laws and regulations and the rules and regulations of the employer in the work, whether the employer has caused economic losses, and when the employer discovers that the employer has infringed on its legitimate rights and interests.
In order to safeguard the legitimate rights and interests, the labor inspection department is specially requested to assist in correcting the illegal acts of the employer.
Complaint request (what statutory obligations are required of the employer):
The above situation is true, if there is any fabrication, willing to bear legal responsibility.
Name of complainant:
YYYYYYYYYYYYYYYYY Evidence of complaint: A4 paper, clear content.
1. A copy of the informant's ID card.
2. A copy of the labor contract (labor agreement).
3. A copy of the referee's ID card and testimonial materials.
4. Other evidentiary materials and the complaint process of the Labor Bureau shall bring the original and copy of the valid identity certificate, the original and copy of the relevant supporting materials and other evidentiary materials related to the relationship with the complained unit, fill in the complaint registration form as required, indicate the appeal, and write down the facts and reasons. If a complaint is filed with the Labor Bureau, the Labor Bureau, after review, shall accept the complaint on the spot if it meets the requirements for filing a case. After acceptance, mediation will be conducted first, and the mediation time will be 15 days.
If the mediation fails, if the employee requests arbitration, the labor dispute arbitration commission shall serve a copy of the arbitration application to the respondent within five days.
Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes
Article 14: Where an agreement is reached through mediation, a mediation agreement shall be drafted. The mediation agreement shall be signed or sealed by both parties, and shall take effect after being signed by the mediator and affixed with the seal of the mediation organization, and shall be binding on both parties and shall be performed by the parties. If no mediation agreement is reached within 15 days from the date of receipt of the mediation application by the labor dispute mediation organization, the parties may apply for arbitration in accordance with the law.
Article 30 After accepting the application for adjudication, the Labor Dispute Arbitration Committee shall serve a copy of the arbitration application to the respondent within five days. After receiving a copy of the arbitration application, the respondent shall submit a statement of defence to the labor dispute arbitration commission within 10 days. After receiving the statement of defense, the labor dispute arbitration commission shall send a copy of the statement of defense to the applicant within five days.
If the respondent fails to submit a statement of defence, it shall not affect the conduct of the arbitration proceedings.
There is no charge. Apply to the labor dispute arbitration commission (located in the district or county labor bureau) where the employer is located or the place where the labor contract is performed (the place where you work). >>>More
Generally, there will be a specific result within 15 days after the complaint is filed with the labor bureau, but the result may not meet the needs of the individual employee. In addition, when we file a complaint with the Labor Bureau because of a labor dispute, we should also provide evidence in our favor to the Labor Bureau. >>>More
What documents are required to file a complaint with the Labor Bureau.
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It should be fine, because the indefinite time limit when renewing is a national regulation, and what your boss said doesn't work, hehe, it doesn't matter if it is changed, it depends on the labor law.