How and where to get labor arbitration

Call the local 12333 labor and social security rights protection ** for consultation, or the local 114 voice for inquiries.

1. Mediation first, then arbitration and then litigation. The Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes stipulates that in the event of a labor dispute, if the two parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; Except as otherwise provided in this Law, a person who is dissatisfied with an arbitral award may file a lawsuit with the people's court.

2. There is no fee for arbitration. According to the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration, which came into effect on May 1, 2008, labor arbitration is free of charge. Therefore, there is no need to stop defending your rights because you cannot afford to pay the arbitration fee.

3. Provide evidence. In the event of a labor dispute, the employee has the responsibility to provide evidence for his claim. Proof of the existence of an employment relationship between the employee and the employer.

Such as labor contracts, passes, work cards, pay stubs, etc. If the evidence related to the disputed matter is in the possession and management of the employer, the employer shall provide it, and if it fails to do so, the employer will bear the adverse consequences of not providing evidence.

4. Statute of Limitations for Applying for Arbitration. The statute of limitations for applying for arbitration of labor disputes has been extended to one year. The limitation period for arbitration is calculated from the date on which the employee knew or should have known that his rights had been infringed.

5. The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents. To apply for labor arbitration, an application for arbitration shall be made to the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located. If both parties apply to the labor dispute arbitration commission at the place where the labor contract is performed and the place where the employer is located for president, the labor dispute arbitration commission at the place where the labor contract is performed shall have jurisdiction.

Submission of Application: When a party applies for arbitration, it shall submit a written application for arbitration and submit a copy according to the number of respondents. The application shall contain the following particulars:

1.Name, gender, age, place of work and address of the worker; The name and address 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 residences of witnesses;

4.The date on which the arbitration was filed.

Acceptance of arbitration: The arbitration commission shall make a decision on acceptance or non-acceptance within five days from the date of receipt of the arbitration application. If the arbitration commission decides to accept the application, it shall serve a copy of the statement of claim on the respondent within five days from the date of making the decision.

Where a decision is made not to accept it, the reasons shall be explained.

Hearing: The arbitral tribunal shall notify the parties in writing of the date and place five days before the date and place. If the applicant refuses to appear at the hearing without justifiable reasons or withdraws from the hearing without the consent of the arbitral tribunal, the claimant shall be dismissed from the hearing at its own discretion, and a default award may be made against the respondent.

Arbitration and mediation: The arbitral tribunal shall first mediate when dealing with labor disputes, and urge the parties to reach an agreement voluntarily on the basis of ascertaining the facts. If an agreement is reached through mediation, the arbitral tribunal shall prepare a mediation statement based on the content of the agreement, which shall have legal effect from the date of service; If no agreement is reached through mediation, the arbitral tribunal shall make a ruling in a timely manner.

Arbitral award: The arbitral tribunal shall conclude its decision on a labor dispute case within 45 days from the date on which the application for arbitration is accepted by the labor arbitration commission. Where the case is complicated and an extension is required, an extension may be granted upon approval and the parties may be notified in writing, and the extension period shall not exceed 15 days.

After the award of the arbitral tribunal, it shall prepare an arbitration statement and serve it on both parties. If a party is dissatisfied with the arbitral award, it may file a lawsuit with the people's court within 15 days from the date of receipt of the award; If no prosecution is filed at the expiration of the time limit, the ruling shall take legal effect.

Hello, the company belongs to Minhang District, then you should inquire about the labor arbitration structure under the jurisdiction of the location of the unit, you need to find it yourself online, because I don't know the specific address, if you don't know, you can consult the labor inspection brigade, they know. Labor arbitration institutions are subordinate to the Labor Bureau and are administrative organs, and their working hours are the working hours of normal administrative personnel.

Materials required to apply for labor arbitration:

1) Statement of Appeal. The complainant shall, in accordance with the provisions, truthfully and accurately fill in the Statement of Claim, which shall be submitted in triplicate, two copies of which shall be submitted to the arbitration commission by the complainant himself or his authorized person, and one copy shall be retained by the complainant;

2) Proof of identity. If the complainant is a worker, submit the original and copy of his identity certificate: if the complainant is an employer, submit a copy and copy of the business license of the employer, the identity certificate of the legal representative of the unit, the identity certificate of the entrusted person, the power of attorney, etc.;

3) Relevant materials that can prove the existence of an employment relationship with the respondent, such as labor contracts (employment contracts or agreements), notices of dissolution or termination of contracts, pay slips (slips), social insurance payment certificates, etc., and their copies;

4) When the complainant applies for labor arbitration, if the arbitration commission requires the complainant to submit relevant materials that can prove the identity of the respondent according to the needs of case filing and review, the complainant shall submit them. If the respondent is an employer, it shall submit proof of its industrial and commercial registration (including the name of the unit, legal representative, place of residence, place of business, etc.); If the respondent is a worker, the respondent shall submit the location of his household registration, the address of his current place of residence, and his contact information.

Payment of compensation is required in the application for the arbitration to be awarded. Both the arbitration and the court are based on the claims of the other party, and will not add claims without claims. If your appeal is successful, it means that the labor arbitration supports your point of view, and the employer does not pay wages, and you can apply to the enforcement division of the court with the arbitration letter to enforce it.

Explain in detail the procedures, steps and materials to be prepared for applying for labor arbitration, and solve the relevant legal needs of netizens for labor arbitration procedures.

Hello, according to the provisions of China's Labor Contract Law, you can collect physical evidence, documentary evidence and other evidence materials to apply for arbitration resolution at the Labor Dispute Arbitration Commission in time!

Due to the complexity of the procedure, it is advisable to consult with a local lawyer in person.

The application for labor arbitration must be handled by an arbitration institution. However, in the event of a labor dispute, it does not mean that it is necessary to apply for arbitration first, and the employee can apply to the labor dispute mediation committee of the unit for mediation; If the mediation fails, the applicant may apply to the Labor Dispute Arbitration Commission for arbitration. Of course, you can also apply directly to the labor dispute arbitration commission for arbitration.

Finally, if the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit.

[Legal basis].

Article 79 of the Labor Law provides that after a labor dispute occurs, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the Labor Dispute Arbitration Committee for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If they are not satisfied with the arbitration award, they may file a lawsuit in the people's court.

Article 43 of the Law on Mediation and Arbitration of Labor Disputes stipulates that the arbitral tribunal shall conclude the adjudication of labor dispute cases within 45 days from the date on which the labor dispute arbitration commission accepts the arbitration application. If the case is complicated and requires an extension, it may be extended with the approval of the chairman of the labor dispute arbitration commission and the parties may be notified in writing, but the extension period shall not exceed 15 days. If the arbitral award is not made within the time limit, the parties may file a lawsuit with the people's court on the labor dispute.

When the arbitration tribunal adjudicates a labor dispute case, some of the facts are already clear, and it can make a ruling on that part in advance.

You can apply to the labor arbitration department of the place where the single stupid hole is registered. If an employee has a dispute with the enterprise over issues related to wages, social security, welfare, training, or labor protection, he or she may apply to the Labor Dispute Arbitration Commission for arbitration. According to the Regulations on the Settlement of Labor Disputes in Enterprises, after the occurrence of labor disputes, the parties shall settle through negotiation, and if they are unwilling to negotiate or fail to reach through negotiation, they may apply to the labor arbitration and mediation committee of the enterprise for mediation, or directly apply to the labor dispute arbitration commission for arbitration, and the parties shall apply to the labor dispute arbitration commission for arbitration in writing and submit a statement of complaint within 6 months from the date on which they know or should know that their rights have been infringed.

1. How to deal with the illegal termination of labor relations by the unit.

The employer may take the following measures in the event of an illegal termination of the labor relationship and a labor dispute:

1. Negotiation. After a labor dispute occurs, the employee may negotiate with the employer to reach a new agreement or the party at fault can correct the mistake and eliminate the dispute;

2. Mediation. After the occurrence of a labor dispute, the employee may apply to the labor dispute mediation committee of the employer for mediation. The application for mediation shall be submitted within 30 days from the date on which the right is known or should have been known;

3. Arbitration. Arbitration is a necessary procedure for handling labor disputes. The scope of labor disputes accepted by the Labor Dispute Arbitration Commission includes:

Disputes arising from dismissal, dismissal, dismissal and resignation of employees by enterprises; disputes arising from the implementation of state regulations on wages, insurance, benefits, training and labor protection; disputes arising from the performance of employment contracts; Other labor disputes as stipulated by laws and regulations;

4. Litigation. If a party to a labor dispute is dissatisfied with the arbitral award, it may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. However, it should be noted that the court does not accept labor dispute cases that have not been arbitrated by the labor dispute arbitration commission.

2. What should I do in the event of a dispute over the determination of work-related injuries?

After the occurrence of a labor dispute, the parties shall settle it through negotiation; If you are unwilling to negotiate or fail to negotiate, you can apply to the labor dispute mediation committee of the enterprise for mediation; If the mediation fails, it may apply to the labor dispute arbitration commission for arbitration. The parties may also apply directly to the labor dispute arbitration commission for arbitration, and if they are not satisfied with the arbitral award, they may file a lawsuit with the people's court.

Article 28 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China stipulates 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, age, occupation, place of work and domicile of the employee, 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.

1. Labor dispute arbitration committee within the local human resources and social security bureau (formerly the labor bureau).

2. First of all, labor arbitration is free of any fees, before the arbitration, you can conduct another mediation with your enterprise at present, if the mediation fails, you can directly apply for arbitration to the labor arbitration institution.

1. I have not signed a labor contract after working for a month.

If the employer does not sign a written labor contract with the employee one month after joining the employer, the employee may apply for labor arbitration to demand payment of double wages starting from the second month of employment. 1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and when filing the case, you need to bring: 2 copies of the arbitration application, 1 copy of the applicant's ID card, 2 copies of the evidence and 2 copies of the evidence list, after submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence, and give the other party a defense period after the trial, and then mediate between the two parties. If the mediation fails, the arbitration commission issues an award and the arbitration is settled within 60 days, and if the employee is not satisfied with the award, the employee may sue the court.

2. What should I do if I don't get paid for eight days of work?

You can negotiate with the boss for mediation first; If the negotiation fails, you can file a complaint with the local human resources and social security bureau for labor inspection; or apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau; If you really can't, you can sue the court and ask for wages. The specific method of most effective jurisdiction depends on the wishes of the parties.

3. Labor arbitration can only mediate the arrears of wages for several years.

Wages are in arrears for more than one payment cycle or the employer explicitly refuses to pay wages. The employee can then apply for labor arbitration. 1. If you work for an employer, there are two ways to ask for wages:

1. Workers can complain to the local labor bureau for labor inspection; Pros: Simple way. Cons:

Enforcement may not be very strong in various places; 2. You can apply for arbitration at the local labor bureau (labor dispute arbitration committee of the human resources and social security bureau) and demand the payment of wages. If you do not have an employment contract, you can demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.

Advantages: In addition to wages, you can also claim economic compensation, double silver parsley wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.

2. If it is a job for an individual, it is not considered an employment relationship, and you can directly go to the court to sue the individual boss and demand payment of labor remuneration.

Article 21 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration 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.