How to apply for labor arbitration if you are dismissed

1. The dismissed person may apply to the labor arbitration commission at the place where the labor contract is performed or the place where the employer is located for labor arbitration, and the applicant shall submit a written application for arbitration, and submit copies according to the number of respondents, as well as proof of the existence of labor relations between the two parties.

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

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 the main person in charge;

2. The arbitration claim and the facts and reasons on which it is based;

3. Evidence and evidence**, names and addresses of witnesses.

Article 29 Within five days from the date of receipt of the arbitration application, if the labor dispute arbitration commission finds that the conditions for acceptance are met, it shall accept the application and notify the applicant; Where it is found that the requirements for acceptance are not met, the applicant shall be notified in writing not to accept the application and the reasons shall be explained. If the labor dispute arbitration commission does not accept the case or fails to make a decision within the time limit, the applicant may file a lawsuit with the people's court on the labor dispute matter.

Legal analysis: An application for labor arbitration after dismissal shall be submitted within one year and a copy shall be submitted according to the number of respondents. The statement of claim for arbitration shall contain the following particulars:

specific information about the employee and the employer; the claim for arbitration and the facts and reasons on which it is based; Evidence and evidence**, names and residences of witnesses. 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. 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.

Go to the Arbitration Section of the Human Resources and Social Security Bureau to apply for labor arbitration. In the case of illegal dismissal, the process of applying for labor arbitration is to submit a written application to the local labor arbitration institution and relevant evidence, and the labor arbitration tribunal will arrange its own time after accepting the file, and then arbitrate the labor dispute arising from the illegal dismissal of the employer in accordance with the law and law. The duration of the arbitration is approximately 45 days.

Article 28 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration The claimant 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 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 truly difficult to write an arbitration claim, it may apply orally, and the labor residue dispute arbitration commission shall record it in the record and inform the other party.

You can go to the labor dispute arbitration committee within the local human resources and social security bureau. Before the arbitration, you can conduct another mediation with the current enterprise, and if the mediation fails, you can directly go to the labor arbitration authority to apply for arbitration. The party requesting arbitration shall submit a written application to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute.

Legal analysisWhen initiating labor arbitration, employees must clearly identify the place where their labor contract is performed or where their employer is located, and only by applying to the labor arbitration commission with jurisdiction in accordance with the law can they protect their legitimate rights and interests in a timely and effective manner. Materials required for applying for labor arbitration: (1) Application for arbitration.

The claimant shall fill in the application for arbitration truthfully and accurately in accordance with the regulations, and the application for arbitration shall be made in triplicate, two of which shall be submitted to the arbitration commission by the claimant himself or his authorized person, and one copy shall be retained by the claimant; (2) Proof of identity. If the applicant is a worker, submit the original and copy of his identity certificate: if the applicant is an employer, submit a copy and copy of the business license of the unit, 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, notices of dissolution or termination of contracts, pay slips, social insurance payment certificates, etc., and their copies; (4) When the claimant applies for labor arbitration, if the arbitration commission requires the claimant to submit relevant materials that can prove the identity of the respondent according to the needs of case filing and review, the claimant shall submit them.

If the respondent is an employer, it shall submit a certificate of its industrial and commercial registration; If the respondent is a worker, the respondent shall submit his/her household registration, current address, contact information, etc.

Legal basisLabor Dispute Mediation and Arbitration Law of the People's Republic of China 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.

If the employee is dismissed and applies for labor arbitration, a written arbitration application shall be submitted to the labor arbitration institution with jurisdiction within one year after the dismissal of the company, and a copy shall be submitted according to the number of respondents in Changqiao. The application for arbitration shall contain the following matters: basic information of the employer and the employee; the facts and reasons on which Zhong Liang's request was based; Evidence and evidence**, names and residences of witnesses.