What should I pay attention to when applying for labor dispute arbitration?

Note 1.

For labor disputes mediated by the labor dispute arbitration commission, the mediation document has legal effect, and both parties must conscientiously implement it as scheduled.

Note 2.

Jurisdiction of the Labor Dispute Arbitration Commission: The labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located can accept labor disputes, but if the employee and the employer apply for arbitration to the labor dispute arbitration commission at the place where the labor contract is performed and the place where the employer is located, the labor dispute arbitration commission at the place where the labor contract is performed shall have jurisdiction. At present, the Beijing Municipal Labor Dispute Arbitration Commission accepts labor disputes between Sino-foreign joint ventures, Sino-foreign cooperative enterprises and wholly foreign-owned enterprises located in the eight districts of the city and employees, as well as labor disputes between Sino-foreign joint ventures, Sino-foreign cooperative enterprises and wholly foreign-owned enterprises in Beijing offices or branches of other provinces and municipalities and employees.

Note 3.

To apply for labor arbitration, the applicant must apply to the labor arbitration commission with jurisdiction within one year from the date on which he or she knew or should have known that his rights had been infringed.

Note 4.

To apply for labor arbitration, it is necessary to submit a written application to the arbitration commission with jurisdiction in person or in writing. The application shall be submitted in triplicate, two copies shall be submitted to the labor dispute arbitration commission, and one copy shall be retained by the applicant (if the respondent is a joint party, the application shall be submitted in four copies, three copies shall be submitted to the labor dispute arbitration commission, and one copy shall be retained by the applicant). The application form should be written in blue-black or black with a pen or signature pen, signed by the applicant and dated on it.

The application shall contain the following items: 1. The name, gender, age, occupation, work unit and domicile of the employee, the name and domicile of the employer, and the name and position of the legal representative or the main person in charge; 2. The labor arbitration claim and the facts and reasons on which it is based; 3. Evidence and evidence**, names and basis of witnesses.

Note 5.

After a labor dispute is filed, the parties shall submit relevant materials in a timely manner within the prescribed time limit, appear in court on time, and bear the burden of proof for the facts asserted by each party.

Note 6.

The parties may entrust one or two entrusting persons to participate in the arbitration. If the person entrusted to be a lawyer, he shall have a certificate and a lawyer's license issued by a law firm, and without the above-mentioned certificate and license, he cannot participate in arbitration activities as a lawyer. If the party entrusts a person, it shall fill in the "Power of Attorney", and the "Power of Attorney" shall clearly state the matters and authority of the entrustment.

If the party changes the principal, changes or dissolves the authority of the principal, it shall explain the change in writing to the labor dispute arbitration commission.

Legal Analysis: Precautions for Applying for Labor Arbitration: Apply to the labor dispute arbitration commission with jurisdiction, and the labor dispute shall be under the jurisdiction of the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located; The limitation period for applying for arbitration of labor disputes is one year, which is calculated from the date on which the parties know or should know that their rights have been infringed; Other.

Legal basis: Article 21 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration Article 21 The Labor Dispute Arbitration Commission shall be responsible for the jurisdiction of labor disputes occurring in the region. Labor disputes shall be under the jurisdiction of the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located.

If both parties apply for arbitration to the labor dispute arbitration commission at the place where the labor contract is performed and the place where the employer is located, the labor dispute arbitration commission at the place where the labor contract is performed shall have jurisdiction.

Legal Analysis: Pay attention to the following issues:

1.Care should be taken to write a good appeal.

2.Attention should be paid to the time limit for appeals. The limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration is calculated from the date on which the parties know or should know that their rights have been infringed.

3.An application must be made to an arbitration institution with jurisdiction.

4.The obligations set forth in the conciliation or award shall be fulfilled within the prescribed time limit.

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 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. If, due to force majeure or other legitimate reasons, the parties cannot apply for arbitration within the limitation period for arbitration as provided for in paragraph 1 of this Article, 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.

The issues that should be paid attention to when applying for labor dispute arbitration are:

First, attention should be paid to writing a good appeal.

1. The identity of the parties, including the name, age, gender, work unit, address, and position of the employee, the name and address of the employer, and the name and position of the legal representative;

2. The claimant shall comprehensively, accurately and concisely state the reasons and reasons on which the arbitration claim is based, as well as the reasons, processes, and how it wishes to deal with the dispute between the claimant and the respondent;

3. The evidence and the names and addresses of the witnesses, and the various evidence and witnesses related to the dispute must be credible and sufficient;

4 Application Date. Ransom no.

Second, attention should be paid to the time limit for appeals. According to Article 82 of the Labor Law, if a party requests arbitration, it shall submit a written application within 60 days from the date of occurrence of the labor dispute. If the parties fail to submit a written application within the prescribed limitation period, they will no longer have the right to apply after the expiration of the limitation period, and the arbitration institution will no longer accept it.

However, if the right to appeal is exercised beyond the 60-day time limit due to force majeure or other legitimate reasons, the arbitration institution may accept the appeal.

Third, an application should be made to an arbitration institution with jurisdiction.

Fourth, the obligations set forth in the mediation document or award must be fulfilled within the prescribed time limit. If one party fails to perform on the effective mediation agreement or award, the other party may apply to the court for compulsory enforcement.