What about labor disputes? How to deal with labor disputes

The procedure is like this, first go to labor arbitration, search for local labor arbitration, and if you are not satisfied with labor arbitration, you can go to the grassroots people's court to file a lawsuit. The principle of dealing with this matter is 1, don't be afraid of big things 2, don't be afraid of trouble 3, pay attention to grasp the evidence 1, now the labor arbitration unit gives some money in private, it is possible to deal with labor disputes unfairly, this is true, because my company also has overtime work and does not pay overtime pay, it stands to reason that it should be fined 2w, but in private to give away 3000 yuan, it will be finished if the salary is paid 2, the arbitration is not satisfied with the court, the prosecution fee is not much, but the unit is very troublesome, It is unlikely that a big city will find someone to do the court, but the cost is very large, including the lawyer's fee, and it is very likely that he will settle with you outside the hall (those who do business are afraid of trouble, and the money spent is not proportional to the salary he owes you). Then you can recover your legitimate rights and interests 3. Evidence is too important, first of all, you have to get the contract, and if you don't sign the contract, you can get the employee card.

Secondly, it is better to take the overtime schedule. Specifically, prove the employment relationship between you and the company. 2. Prove the fact of overtime.

You can file a complaint with the local labor department or apply for labor arbitration.

There are several ways to deal with labor disputes: First, the two parties negotiate on their own. Settlement between the parties through negotiation is the first way for the parties to seek to resolve the dispute.

Of course, the negotiation settlement is based on the willingness of both parties, and if the parties are unwilling to negotiate or cannot reach an agreement after consultation, the parties can choose the mediation procedure or the arbitration procedure. 2. Mediation Procedure. The parties may apply to the labor dispute mediation committee where the employer is located for mediation.

The mediation process is voluntary, and the mediation committee can only accept the case if both parties agree to apply for mediation; The parties may apply for arbitration directly without going through mediation. In addition, in the event of a dispute between the trade union and the employer over the performance of the collective contract, the parties concerned should directly apply for arbitration if the mediation procedure is not applicable. 3. Arbitration Procedure.

If the parties fail to reach an agreement after mediation, one or both parties may apply to the local labor dispute arbitration commission for arbitration. The parties may also apply directly for arbitration. The arbitration procedure is a mandatory procedure, that is, as long as one party applies for arbitration and meets the conditions for accepting the case, the arbitration commission shall accept the case; If a party wants to sue the court, it must first go through the arbitration procedure, and the people's court will not accept a labor dispute case that has not gone through the arbitration procedure.

4. Court trial procedures. If the parties are not satisfied with the arbitral award, they may file a lawsuit with the local basic people's court.

1. Ways to resolve labor contract disputes.

1. Reconciliation. Settlement refers to the settlement of disputes arising from a contract between the parties through negotiation.

2. Enterprise mediation.

Contract disputesIf the parties to the contract cannot reach a consensus through negotiation, they may request mediation by the relevant institutions, for example, if one or both parties are state-owned enterprises, they may request the higher authorities to mediate. The higher-level organ should distinguish between right and wrong and conduct mediation on an equal basis, and should not carry out administrative intervention.

3. Filing a lawsuit with the court.

The parties to the contract can sue the contract dispute to the court for judicial settlement. The people's courts accept and hear labor dispute cases in accordance with the procedures stipulated in the Civil Procedure Law, and some contracts are also voluntary, such as foreign-related contract disputes, which may be resolved by invoking foreign laws instead of relevant Chinese contract laws.

2. Can labor contract disputes be subject to labor arbitration?

Labor disputes cannot be subject to labor arbitration, and labor disputes are labor relations and are subject to the Civil Procedure Law rather than labor dispute arbitration.

Scope of acceptance of labor arbitration.

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 negotiations;

6) Other labor disputes as stipulated by laws and regulations.

Note: The arbitration commission will not handle the application for labor arbitration solely for the supplementary payment of social security and housing provident fund, and such cases will be handled by the Social Security Bureau and the Housing Provident Fund Management Center.

Labor disputes are civil disputes, which can be resolved through negotiation between the two parties, application to the mediation organization, application to the arbitration commission for arbitration if the arbitration agreement is signed, and litigation to the people's court. The labor relationship is a legal relationship in which the employee and the employer provide one-time or specific labor services to the employer according to an oral or written agreement, and the employer pays the labor remuneration to the employee according to the contract.

[Legal basis].Article 188 of the Civil Code of the People's Republic of China.

The statute of limitations for filing a request to a people's court for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the by-district people's court shall not grant protection, and where there are special circumstances, the people's court may decide to extend the rights holder on the basis of the right holder's application.

Methods for resolving labor disputes: the service provider and the service recipient shall negotiate and settle the labor dispute; mediation by a third-party organization; or one of the parties may file a lawsuit in the people's court in accordance with law; Alternatively, they may apply for arbitration in accordance with the law.

Article 119 of the Civil Litigation Law: The following conditions must be met for a lawsuit: The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation demands, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit. Article 120 of the Civil Procedure Law: A complaint shall be submitted to the people's court for a lawsuit, and copies shall be submitted according to the number of defendants.

Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

In the event of a labor dispute between an employee and an employer, the following methods can be chosen: negotiation settlement; Conciliation; Arbitration; Litigation, if there is no arbitration clause in the contract and no arbitration agreement is reached afterwards, the parties to the contract can settle the matter through litigation.

Legal analysisOnce the legitimate rights and interests of the employees of the enterprise are infringed, they should produce evidence, apply the law, protect their rights and interests, and if a labor dispute occurs, they can negotiate with the unit to resolve it, and the victim can apply to the organization for mediation, apply to the labor arbitration commission for arbitration, and can file a lawsuit with the people's court to protect their legitimate rights and interests. Failure to sign a contract, not buying social security, and arbitrarily reducing wages are all illegal actions that used to seem common, and the company must compensate the workers for the corresponding losses. Once the legitimate interests are harmed, as long as the evidence is collected in a timely manner and the law is applied, the loss can be avoided.

In the event of a labor dispute, you can directly report the situation to the local labor bureau, and if the requirements are met after review, the labor inspection department will conduct an investigation, order the enterprise to make corrections, and even impose penalties. It can usually be completed within two months. The cost of defending rights is almost none.

AlthoughLaws and RegulationsIt stipulates that the employer shall bear the burden of proof in the event of a labor dispute arising from the employer's decision to dismiss, dismiss, dismiss, terminate the labor contract, reduce the labor remuneration, calculate the employee's working years, etc. If you want to prove your point of view, you need to have sufficient evidence, such as proving that there is an employment relationship between the employer and the employee, and if there is no labor contract, you can present the punch-in record, salary slip, express delivery slip for the company, etc. as evidence.

[Legal basis].Civil Procedure Law of the People's Republic of China》 Article 119:The following conditions must be met for a lawsuit: (1) the plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.