Which department to apply for labor arbitration?

1. You can apply for labor arbitration and require the employer to pay you the arrears of wages, deposits, economic compensation, double wages for unsigned labor contracts (starting from the second month of employment, up to 11 months), overtime wages, etc.; Counting from the time you leave your job, the statute of limitations for labor arbitration is one year!

2. Labor disputes, provided that there is evidence to prove the labor relationship! For example, tooling with the name of the company, work card or work card (preferably with the official seal), salary card, salary slip, attendance record, social insurance payment record, colleague testimony (resignation and in-service are acceptable), audio and video recordings or other documents with your name and official seal (including the work card with the official seal, social insurance payment records, documents with your name and official seal, one is enough to prove the labor relationship);

3. When applying for labor arbitration, you need to bring the arbitration application, a copy of your ID card, relevant evidence, and a copy of the employer's business registration information or business license when filing the case! After the case is filed, **, and then mediated, and the arbitration committee fails to issue an award if the mediation fails;

4. If you ask professionals for guidance, you can handle the labor case by yourself, and you can win the case as well, and the labor arbitration commission does not charge any fees. During the application for labor arbitration, you will not be delayed to work in the new unit!

5. Legal basis: Article 2 of the Labor Dispute Mediation and Arbitration Law and Article 1 of the Labor Contract Law!

There are relevant laws and regulations related to QQ logs.

What is the process of applying for labor arbitration?

Only after being handled by the labor dispute arbitration commission, if one party is not satisfied, it may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitration award. (Except for the final judgment).

In response to your inquiry, you should apply to the labor dispute arbitration commission at your actual place of work (or place of performance of the labor contract), that is, the place where the shopping mall is located, in accordance with the law. In general, the office of the labor dispute arbitration commission is located in the Human Resources and Social Security Bureau (which we usually refer to as the Personnel Bureau and the Labor Bureau).

Since May 1, 2008, arbitration fees have ceased to be charged for labor disputes.

Apply to the local labor dispute arbitration commission for arbitration. In the event of a labor dispute, the parties concerned shall apply to the local labor dispute arbitration commission for arbitration within the time limit prescribed by law. The party requesting arbitration shall submit a written application to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute.

If the claimant supplements and corrects all the materials as required, the arbitration commission shall issue a receipt.

1. According to Article 21 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration, "the Labor Dispute Arbitration Commission is responsible for labor disputes 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 or where the employer is located, the labor dispute arbitration commission at the place where the labor contract is performed shall have jurisdiction." When initiating labor arbitration, employees must clearly identify the place where their labor contract is performed or where their employer is located, and only by applying to the labor arbitration commission with jurisdiction in accordance with the law can they protect their legitimate rights and interests in a timely and effective manner.

2. How should I apply for labor arbitration? According to the relevant documents, the procedure for applying for labor arbitration is as follows: first, the applicant submits a written complaint, and the labor arbitration commission will examine whether the complaint meets the conditions for acceptance, and make a decision on filing or not accepting the case within seven days.

If the case is decided, the labor arbitration commission will issue the complainant a "Notice of Acceptance of the Case" and a "** Notice", and the complainant shall pay the arbitration fee to the labor arbitration commission in advance within 5 days after the case is accepted, and the trial process of the case includes several procedures such as the investigation stage, the debate stage, the mediation stage, and the award stage. Labor dispute arbitration implements the system of one adjudication and two adjudication, that is, if a party is dissatisfied with the arbitral award made by the arbitration commission, it may file a lawsuit with the local basic people's court within 15 days from the date of receipt of the award, and if it is dissatisfied with the first-instance award made by the basic people's court, it may appeal to the intermediate people's court of this city within 15 days from the date of receipt of the judgment.

Legal basisArticle 28 of China's newly promulgated Labor Dispute Arbitration Law clearly stipulates that the claimant shall submit a written application for arbitration and submit a copy according to the number of respondents.

Labor arbitration shall be applied to the labor arbitration commission set up by the Ministry of Human Resources and the Social Security Bureau.

The main responsibilities of the Labor Arbitration Section under the Human Resources and Social Security Bureau are:

1. Do a good job in the arbitration of labor disputes, and deal with disputes arising from the dismissal, dismissal, dismissal of employees, and the resignation and voluntary resignation of employees.

2. Deal with disputes arising from the implementation of national regulations on wages, insurance, welfare, training and labor protection.

3. Deal with disputes arising from the performance of labor contracts and collective contracts, as well as other intentions stipulated by laws and regulations; Guide the mediation of labor disputes in towns and towns.

4. Do a good job in the enterprises, individual economic organizations and workers who have formed relationships with them in their jurisdictions, and verify the labor contracts signed by both parties.

5. Responsible for the state organs, institutions, social organizations and workers who have established labor contract relations with them in the district, and verify the labor contracts signed by both parties.

6. Complete other tasks assigned by superiors.

Simplified Legal Basis].

Article 21 of the Labor Dispute Mediation and Arbitration Law provides that 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: Labor arbitration should be applied to the labor dispute arbitration committee. To apply for labor arbitration, you need to prepare the following documents:

1. One original copy of the registration form for labor dispute arbitration; 2. Two original copies of the application for labor dispute arbitration shall be submitted according to the number of respondents; 3. One copy of the applicant's ID card (please make a copy of both sides of the new generation ID card); 4. One copy of the respondent's registration materials (valid within one month from the date of printing); 5. One copy of the proof of the existence of labor relationship between the applicant and the respondent (such as labor contract, temporary residence permit, work permit, brand, work card, salary record, employment registration form, deposit receipt, proof of punishment of Tan Li Qing, social security policy, certificate of dissolution or termination of labor relationship, etc.). Apply for arbitration to the labor dispute arbitration committee at the place where the employer is located or the place where the labor contract is performed. If the employer terminates the labor contract in violation of the law, it shall pay economic compensation.

Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary to compensate for the malpractice. If the negotiation cannot be handled, they may apply for labor arbitration to protect their rights.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 113:The people's court shall send a copy of the complaint to the defendant within 5 days of filing the case, and the defendant shall submit a reply within 15 days of receiving it. Where the defendant submits a reply, the people's court shall send a copy of the reply to the plaintiff within 5 days of receiving it. Where the defendant does not submit a reply, it does not impact the people's court's trial.

Article 122:People's courts hearing civil cases shall notify the parties and other litigation participants three days in advance. Where the trial is open, the names of the parties, the cause of action, and the time and place shall be announced.

Article 135:People's courts applying the ordinary procedures shall conclude trial within 6 months of filing the case. Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.

Article 146:People's courts applying the simplified procedures at trial shall complete trial within 3 months of filing the case.