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Anonymous users2024-02-07Labor disputes can be handled in the following ways: negotiation between the employee and the employer; apply for mediation to grassroots people's mediation organizations, enterprise labor dispute mediation committees, or organizations with labor dispute mediation functions established in townships and neighborhoods; If the mediation fails, apply to the labor dispute arbitration commission for arbitration; If they are not satisfied with the arbitral award, they shall file a lawsuit with the people's court.
Article 5 of the Law on Mediation and Arbitration of Labor Disputes.
In the event of a labor dispute, if the 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; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
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Anonymous users2024-02-06Negotiation: In the event of a labor dispute, the employee may negotiate with the employer, or ask the labor union or a third party to negotiate with the employer to reach a settlement agreement.
Mediation: In the event of a labor dispute, it may be submitted to the labor dispute mediation committee of the enterprise, the grassroots people's mediation organization established, and the organization with labor dispute mediation functions established in the township and street. The application for mediation may be in oral or written form, and both parties must perform after reaching a mediation agreement.
Arbitration: If you are unwilling to mediate, fail to mediate, or fail to perform after reaching a mediation agreement, you may apply to the labor dispute arbitration commission at the county (district) or municipal level for arbitration. The limitation period for applying for arbitration of labor disputes is one year, which is calculated from the date on which the parties know or should know that their rights have been infringed.
Workers must pay attention to the timely application, otherwise the application will be.
Litigation: If a person is dissatisfied with the arbitral award of the labor dispute arbitration commission, he or she may file a lawsuit with the people's court. Arbitration is a necessary procedure for litigation, and litigation cannot be initiated directly without arbitration.
It should also be noted that the lawsuit shall be filed within 15 days from the date of receipt of the arbitral award, otherwise the people's court will not accept the arbitration award
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Anonymous users2024-02-05Negotiate a settlement. After the occurrence of a labor dispute, the parties discuss the disputed matters so that the two parties can eliminate the conflict and find a way to resolve the dispute.
Corporate mediation. Labor disputes are generally accepted by the labor dispute arbitration commission within the administrative region where it is located.
4. The Court's decision.
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Anonymous users2024-02-04According to the provisions of the Labor Law and the Regulations of the People's Republic of China on the Settlement of Labor Disputes in Enterprises, if a party to a labor dispute is dissatisfied with an arbitral award, it may file a lawsuit with the people's court within 15 days from the date of receipt of the award. If one party does not file a lawsuit and fails to perform the arbitral award within the statutory time limit, the other party may apply to the people's court for compulsory enforcement. Where the time limit is exceeded, it is generally not accepted.
If the time limit is overdue due to force majeure or other reasons, evidence shall be provided to the people's court to explain it.
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Anonymous users2024-02-03Negotiation between the employee and the employer; apply for mediation to grassroots people's mediation organizations, enterprise labor dispute mediation committees, or organizations with labor dispute mediation functions established in townships and neighborhoods;
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Anonymous users2024-02-02Legal analysis: In the event of a labor dispute, it can be resolved in the following ways: 1. After the occurrence of a labor dispute, the parties can apply to the labor dispute mediation committee of the unit for mediation; 2. If mediation fails and one of the parties requests arbitration, it may apply to the Labor Dispute Arbitration Commission for arbitration; 3. If the person is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
Legal basis: Labor Law of the People's Republic of China
Article 77 In the event of a labor dispute between an employer and a worker, the person concerned may apply for mediation, arbitration, or file a lawsuit in accordance with law, or may settle it through negotiation.
The principles of conciliation apply to both arbitration and litigation proceedings.
Article 78 In the settlement of labor disputes, the lawful rights and interests of the parties to the labor dispute shall be safeguarded in accordance with the principles of legality, fairness and timely handling. There are no jujubes.
Article 79 After a labor dispute arises, 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 commission for arbitration. One of 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.
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Anonymous users2024-02-01In the event of a labor dispute, it can be resolved in the following way: after the labor dispute occurs, the parties can 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 Laozhixian Tuandong 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.
Article 77 of the Labor Law of the People's Republic of China In the event of a labor dispute between an employer and an employee, the parties concerned may apply for mediation, arbitration, file a lawsuit in accordance with the law, or may settle it through negotiation. The principles of conciliation apply to both arbitration and litigation proceedings.
Article 79 After a labor dispute arises, the parties may apply to the labor dispute mediation committee of the unit for mediation; If one of the parties requests arbitration, it may apply to the Labor Dispute Arbitration Commission for arbitration. If one of the parties is a party, it 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.
Article 83 Where a party to a labor dispute is dissatisfied with an arbitral award, it may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. If one party does not file a lawsuit and fails to perform the arbitral award within the statutory time limit, the other party may apply to the people's court for compulsory enforcement.
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Anonymous users2024-01-31Methods for handling labor disputes: negotiation between the employee and the employer; apply for mediation to grassroots people's mediation organizations, enterprise labor dispute mediation committees, or organizations with labor dispute mediation functions established in townships and neighborhoods; Apply to the Labor Dispute Arbitration Commission for arbitration; Dissatisfied with the arbitral award, file a lawsuit with the people's court.
[Legal basis].Article 5 of the Law on Mediation and Arbitration of Labor Disputes.
In the event of a labor dispute, if the 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 they are unwilling to mediate, fail to mediate or fail to perform after reaching a mediation agreement, they may apply to the Lao Cong Zheng Yin Dispute Arbitration Commission for arbitration; Except as otherwise provided in this Law, a lawsuit may be filed with the people's court.
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Anonymous users2024-01-30Ways to resolve labor disputes: the employee can negotiate with the employer; The labor union or a third party may be invited to negotiate with the employer to reach a settlement agreement; may apply for mediation in accordance with the law; Labor arbitration can be applied; Or a labor lawsuit can be filed.
[Legal basis].
Article 4 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes.
In the event of a labor dispute, the employee may negotiate with the employer, or ask the labor union or a third party to negotiate with the employer to reach a settlement agreement.
Article 5. In the event of a labor dispute, if the 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 the mediation agreement after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
Article 6. In the event of a labor dispute, the parties concerned have the responsibility to provide evidence for their own claims. If the evidence related to the disputed matter is in the possession and management of the employer, the employer shall provide it; If the employer does not provide it, it shall bear the adverse consequences.
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