Is there a fee for arbitration to the Labor Bureau, and does the Labor Bureau charge for labor arbit

Updated on society 2024-03-19
7 answers
  1. Anonymous users2024-02-07

    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).

    Law on Arbitration and Mediation of Labor Disputes

    Article 53 There is no fee for arbitration of labor disputes. The funds of the labor dispute arbitration commission shall be guaranteed by the treasury.

    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.

    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 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.

    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.

    Article 28 The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents.

    The statement of claim for arbitration shall contain the following particulars:

    1) The name, gender, age, occupation, work unit and domicile 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.

  2. Anonymous users2024-02-06

    How much does it cost to apply for labor arbitration?

  3. Anonymous users2024-02-05

    Legal Analysis: There is no fee for labor dispute arbitration. Arbitration is generally a system in which the parties voluntarily submit their disputes to an arbitral tribunal composed of arbitrators from non-judicial institutions for adjudication in accordance with the arbitration agreement concluded between the parties, and are bound by the adjudication.

    Arbitration, like the adjudication activities of the courts, is related to the substantive rights and interests of the parties and is one of the ways to resolve civil disputes. Arbitration institutions are usually civil society in nature, and their jurisdiction to accept cases comes from the agreement between the two parties, and without an agreement, they have no right to accept cases.

    Legal basis: Article 53 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes There is no fee for the first arbitration of labor disputes. The funds of the Zhongchang Committee of the Labor Dispute Arbitration Commission shall be guaranteed by the treasury.

  4. Anonymous users2024-02-04

    Legal analysis: No money is required to apply for labor arbitration. Labor dispute arbitration is free of charge, not only to reduce the economic burden of workers who apply for labor dispute arbitration, but also to protect the working expenses of labor dispute arbitration institutions, and the funds of the labor arbitration commission are guaranteed by the state finance.

    However, if the worker loses the lawsuit, his or her rights and interests will not be supported.

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

    Article 1 This Law is enacted for the purpose of resolving labor disputes in a fair and timely manner, protecting the lawful rights and interests of the parties, and promoting the harmony and stability of labor relations.

    Article 53 There is no fee for arbitration of labor disputes. The funds of the labor dispute arbitration commission shall be guaranteed by the treasury. Tan chain chain.

  5. Anonymous users2024-02-03

    Legal Analysis: No fee is required to apply for labor disturbance arbitration. Labor dispute arbitration is free of charge, not only to reduce the economic burden of workers who apply for labor dispute arbitration, but also to ensure the work of labor dispute arbitration institutions, and the funds of labor arbitration commissions are operated by the state finance.

    However, if the worker loses the lawsuit, his or her rights and interests will not be supported.

    Legal basis: Article 1 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 1 This Law is enacted for the purpose of resolving labor disputes in a fair and timely manner, protecting the legitimate rights and interests of the parties, and promoting the harmony and stability of labor relations.

  6. Anonymous users2024-02-02

    It is free for a worker to apply to the Labor Dispute Arbitration Commission of the Human Resources and Social Security Bureau for labor arbitration, and the worker does not need to pay money to complain to the employer at the Labor Bureau, and the labor management department has the obligation and responsibility to protect the interests of the worker. Protecting the legitimate rights and interests of workers from infringement has always been a key issue of legal concern.

    1. Can employees employed by the enterprise enjoy overtime pay from the unit?

    OK. The law stipulates that employees who work overtime on holidays are entitled to overtime wages, so employees can also enjoy overtime wages in accordance with the law. If the employer does not make the payment, it is an illegal act.

    If the employer establishes a labor relationship with the employee, and the employer arranges for the employee to work overtime, and fails to pay the overtime pay in accordance with the law, the employer illegally deducts the employee's lawful wages, and the employee may file a complaint with the labor inspection department where the employer is located, or apply to the labor dispute arbitration commission at the place where the employer is located, so as to protect his legitimate rights and interests.

    2. How to deal with the arrears of wages of enterprises.

    If the employee is owed wages by the employer without reason, he or she may first choose to negotiate peacefully with the employer. If the employer does not fulfill its obligation to pay wages after negotiation, or refuses to negotiate, then the employee can file a complaint with the labor inspection of the local labor bureau. The local labor bureau's labor inspection complaints are generally not very strong, and workers can also apply to the labor dispute arbitration committee of the human resources and social security bureau for labor arbitration.

    If you choose to apply for labor arbitration, the procedure is cumbersome and needs to be carried out under the guidance of a professional in Lubei. Of course, if the employee does not want to file a complaint or apply for labor arbitration at the labor bureau, he or she can directly submit a complaint to the court.

    3. How to complain to ** about teachers' salary arrears.

    It is necessary to make a specific analysis: 1. If the employer infringes on the legitimate rights and interests of the employee under any of the circumstances prescribed by law, the labor administrative department shall order the payment of wages and remuneration and economic compensation to the employee, and may also order the payment of compensation. 2. In the event of a labor dispute between an employer and an employee, the parties concerned may apply for mediation, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law. The principles of conciliation apply to both arbitration and litigation proceedings.

    3. The specific methods are as follows: You can file a complaint with the labor inspection department, you can also apply to the labor arbitration commission to initiate labor arbitration, and you can also file a lawsuit with the people's court. If it is an establishment, it is not under the jurisdiction of the labor inspection department, and it is necessary to report the relevant situation to the local education bureau, or you can go to the local personnel bureau to apply for arbitration for arbitration.

    Article 53 of the Law of the People's Republic of China on Mediation and Arbitration of Disputes.

    There is no fee for arbitration of labor disputes. The funds of the labor dispute arbitration commission shall be guaranteed by the treasury.

    Article 9 of the Regulations on the Supervision of Labor and Social Security.

    Any organization or individual has the right to report to the administrative department for labor security any violation of laws, regulations or rules on labor security.

    The administrative department for labor and social security shall keep the informant confidential; Whistleblowers who report truthfully and provide major clues and evidence for the investigation and punishment of major violations of labor security laws, regulations or rules will be rewarded.

  7. Anonymous users2024-02-01

    You do not need to pay a fee to apply for labor arbitration. Labor dispute arbitration is free of charge, not only to reduce the economic burden of workers who apply for labor dispute arbitration, but also to protect the working expenses of labor dispute arbitration institutions, and the funds of labor arbitration commissions are guaranteed by the state finance. However, if the worker loses the lawsuit, his or her rights and interests will not be supported.

    1. What should I do if the salary is lower than the minimum wage?

    According to the Minimum Wage Regulations, the wages payable by the employer to the employee shall not be lower than the local minimum wage standard after excluding the following items:

    1) Wages for extended working hours;

    2) Allowances for special working environments and conditions such as middle shifts, night shifts, high temperatures, low temperatures, underground, toxic and harmful;

    3) Workers' welfare benefits as stipulated by laws, regulations and the state.

    In other words, your salary cannot be lower than the local minimum wage after excluding the above items.

    If you find that your salary is lower than the local minimum wage, you can file a complaint with the local labor and social security inspection agency, or you can apply to the local labor dispute arbitration institution for arbitration to protect your legitimate rights and interests.

    2. Do I have to pay money to live in prison?

    According to the laws of our country, the prison will pay the full amount of the expenses for the food, clothing, and medical treatment of inmates, and they do not need to pay money. Article 8 of the Prison Law provides that the State guarantees the funds necessary for the rehabilitation of convicts in prisons. Prison people's police expenses, convict reform funds, convict living expenses, prison administration facility funds, and other special funds are to be included in the state budget.

    The State provides the production facilities and production funds necessary for the work of convicts.

    3. How to collect litigation fees for disputes over work-related injury insurance benefits.

    The litigation fee for work-related injury insurance cases is generally 10 yuan per case. If a work-related injury dispute is sued to the people's court, the case acceptance fee will be charged at the standard of 10 yuan per case. However, the dispute between the injured employee and the employer over the work-related injury insurance benefits is a labor dispute, and arbitration of labor disputes is a necessary procedure.

    There is no fee for labor dispute arbitration, and the funds of the labor dispute arbitration commission are guaranteed by the treasury.

    Work-related injury insurance benefits refer to a kind of remedy and compensation for temporary or permanent personal health or life damage caused by work, and its role is to ensure the medical treatment and life of the disabled and the basic life of the surviving family members of the deceased.

    The level of work-related injury insurance benefits and the number of items depend on the level of economic development of the country or region and the social living standards of the people.

    Labor Dispute Mediation and Arbitration Law

    Article 1 This Law is enacted for the purpose of resolving labor disputes in a fair and timely manner, protecting the lawful rights and interests of the parties, and promoting the harmony and stability of labor relations.

    Article 53 There is no fee for arbitration of labor disputes. The funds of the labor dispute arbitration commission shall be guaranteed by the treasury.

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