Labor disputes, how to solve labor disputes

1. The pre-procedure for labor disputes is also the arbitration procedure, which is not necessarily executed, and the arbitration is only to solve the burden of the court, and it is not necessary to go through arbitration before the court.

2. Definition of pre-arbitration of labor disputes: The pre-arbitration procedure of labor disputes stipulated by law actually refers to the fact that the labor dispute has gone through the arbitration procedure, and not all parties are required to go through the arbitration procedure.

3. Legal basis:

1. Article 119 of the Civil Procedure Law stipulates that if a party must be in common, and if it does not participate in the litigation, the people's court shall notify it to participate in the litigation. According to this provision, there is reason to believe that the respondent may be added at the litigation stage.

2. Some local laws and regulations also clearly stipulate that the respondent may be added to the lawsuit during the litigation stage.

Article 16 of the Opinions of the Shanghai Municipal High People's Court and the Shanghai Municipal Labor Bureau on Several Issues Concerning the Trial of Labor Dispute Cases stipulates that if an employer concludes a labor contract with an employee, both parties to the contract shall be the parties; If no labor contract has been concluded, the unit that actually uses the labor force shall be one of the parties. If the entity that has concluded or not concluded the labor contract is inconsistent with the actual employer, or the actual employer is difficult to determine, or if the entity that has concluded the labor contract is inconsistent with the management unit that has made the disposition, the unit with an interested interest may be listed as a party; If it is not included in the arbitration, it may be listed as a party in the litigation in accordance with the above principles.

You can apply for labor arbitration to claim economic compensation, overtime pay, etc.

1. Intensify publicity and education, enhance the awareness of enterprise operators and workers to abide by laws and regulations, 2. Move the gate forward, and improve the coordination mechanism. 3. Establish a wage arrears protection system. 4. Effectively strengthen the management of labor contracts.

5. Strengthen the supervision of labor security in enterprises. 6. Strengthen democratic consultation and give full play to the role of the tripartite mechanism7. Increase the intensity of judicial assistance, punish the illegal acts of employers in accordance with the law, and protect the legitimate rights and interests of workers8. Establish an efficient labor dispute settlement mechanism9. Improve the "Labor Law" system, so that the coordination and handling of labor relations can be based on the law.

Legal basis: Article 6 of the Regulations of the People's Republic of China on the Settlement of Labor Disputes in Enterprises.

After the occurrence of a labor dispute, the parties shall settle it through negotiation; If you are unwilling to negotiate or the negotiation fails, 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. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

1. Collect evidence that can prove the de facto labor relationship (personal certificates, work cards, badges, pay slips, etc.), and prepare to initiate labor arbitration.

2. After the collection is completed, talk to the boss, and appropriately disclose the idea of arbitration if it can't work, and the legal "threat".

3. If he doesn't pay you insurance, then the winning rate is very high. Depending on your situation, you have not yet signed an employment contract, then you can also claim double wages.

4. Let him know that the amount he pays according to your current requirements is far less than the amount you want if you apply for arbitration.

Hope it helps.

There are attendance vouchers, or monthly income flows, salary vouchers or something, and there are certificates from colleagues. All of this can prove the existence of a labor relationship. Then go to the labor arbitration service company to apply for arbitration.