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Is there an employment contract?
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In the case of labor arbitration, it is found that the amount is less than the application, which does not belong to the circumstances under which the application for revocation of the award can be made, and the right to defend can no longer be asserted. The arbitration has been concluded, the award has been rendered, and the law has taken effect. The Arbitration Law provides that the arbitral tribunal may conduct mediation before making an award.
If the party to the judgment voluntarily mediates, the arbitral tribunal shall mediate. If the mediation fails, a ruling shall be made in a timely manner.
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Legal Analysis: This Law shall apply to the following labor disputes between employers and employees 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.; (6) Other labor disputes as provided for by laws and regulations.
Legal basis: Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes 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.;
(6) Other labor disputes as provided for by laws and regulations.
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1.Labor arbitration is not limited by the amount of money, and mainly depends on whether the legitimate labor rights and interests have been actually infringed. 2.
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 is interrupted when one of the parties claims rights against the other party, or requests 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.
Arbitration has nothing to do with the amount of money, but with the parties' assertion of rights.
Article 29 of the Rules for the Handling of Labor and Personnel Dispute Arbitration provides that the applicant 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, date of birth, ID number, address, mailing address and contact ** of the employee, the name, address, mailing address and contact ** of the employer, and the name and position of the legal representative or the main responsible person; (2) the claim for arbitration and the facts and reasons on which it is based; (3) Evidence and evidence**, the names and addresses of witnesses.
If it is difficult to write an application for arbitration, the application may be made orally, which shall be recorded in the record by the arbitration commission and confirmed by the signature, seal or seal of the applicant. If the application for arbitration is irregular, or the materials are incomplete, the arbitration commission shall inform the claimant of the materials that need to be supplemented and corrected on the spot or within five days. The arbitration commission shall issue a receipt of receipt after receiving the materials submitted by the parties.
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