How to Apply for Labor Arbitration? 5. How to apply for labor arbitration?

There are two types of labor arbitration, individual arbitration and collective arbitration. The materials you need to prepare to apply for arbitration include: ID card, labor contract, notice or certificate of termination of labor relationship by the company, salary history for the past 12 months, social security payment records, and credit network information of the company you work for.

Submit to the labor dispute arbitration commission of the local social security bureau for arbitration, and the specific provisions can be queried, and the application must be made within one year.

Labor Dispute Mediation and Arbitration Law.

Article 27 Limitation of Arbitration.

The limitation period for applying for arbitration of labor disputes is 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.

To apply for labor arbitration, you must go to the local labor and social security department to apply.

Apply for work-related injury compensation to the labor arbitration of the employer's domicile or actual place of work, and the compensation standard is 20 times the per capita disposable income of urban residents in the previous year. The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year.

The pension for dependent relatives is calculated on the basis of the employee's own salary. The one-time disability subsidy and the salary for the period of suspension of work with pay shall be calculated based on the employee's own salary, and the one-time work-related injury medical subsidy, one-time disability employment subsidy, and living care expenses shall be calculated based on the average social wage of the overall area in the previous year. The calculation standard of hospital meal subsidy is 30-50 yuan per day.

1. In the event of a labor dispute, you must first apply for labor arbitration, and only those who are not satisfied with the result of the labor arbitration award can sue to the court. Submit a written application to the labor and personnel dispute arbitration commission (generally in the local human resources and social security bureau), 2. When filing the arbitration case, you need to bring: 2 copies of the arbitration application, 1 copy of the applicant's ID card, 2 copies of relevant evidence and evidence list, and most areas also require the submission of the employer's business registration information;

3. After the submitted materials are complete, the arbitration commission will file the case within 5 working days (issue a notice of acceptance of the case to the applicant), and then notify both parties of the first time for the first trial. After the hearing, the parties will be mediated (** may be mediated before), and the arbitration commission will issue an award if the mediation fails. Labor arbitration is generally concluded within 60 days after the case is filed; If the employee or employer is dissatisfied with the award, the employee or the employer may file a lawsuit with the basic people's court with jurisdiction within 15 days of receiving the award;

4. It is possible to ask professionals to provide remote guidance services and legal documents such as labor arbitration applications and evidence lists without inviting local lawyers. In addition, during the application for labor arbitration, the employee will not be delayed to work in the new unit.

5. Legal basis: Article 2 of the Labor Dispute Mediation and Arbitration Law 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 and 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 stipulated by laws and regulations.

Article 43 The arbitral tribunal shall decide a labor dispute case 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 arbitral tribunal decides a labor dispute case, a part of the facts is already clear and it may make a preliminary decision on that part.

The first is to have clear evidence to prove that you actually respect the employment relationship, and the second is that the employer who paid your rent has actually violated the law.

In this way, we can apply for labor arbitration.

Bring evidence that can prove your employment relationship and apply directly to the labor arbitration institution.

1. Submit a statement of application for arbitration.

2. If the application meets the requirements, the arbitration commission shall make a decision to accept or reject the application within 5 days from the date of receipt of the application. If the arbitration commission decides to accept the application, it shall serve a copy of the application on the respondent within 5 days from the date of the decision and form an arbitral tribunal; If a decision is made not to accept the case, the reasons shall be explained, and the application may be filed with the civil court for litigation on the labor dispute.

3. After receiving a copy of the arbitration application, the respondent shall submit a statement of defense to the labor dispute arbitration commission. If the respondent fails to submit a statement of defence, it shall not affect the progress of the arbitration proceedings. The onus is on the parties to provide evidence for the claims made.

Where evidence related to the disputed matter is in the possession and management of the unit, the unit shall provide it within the specified time limit. Where the unit does not provide it, it shall bear the adverse consequences.

4. Labor dispute arbitration shall be open to the public, except where the agreement between the parties is not open or involves state secrets, commercial secrets, and personal privacy. The arbitral tribunal shall notify both parties of the date and place of the document before the first five days. If the party concerned has a legitimate reason, he or she may request an extension of time before three days.

Whether to extend the extension shall be decided by the Labor Dispute Arbitration Commission.

5. If a party refuses to appear at the hearing for legitimate reasons after receiving the notice, or withdraws from the hearing without the consent of the arbitral tribunal, the application shall be treated as a withdrawal of the application, and the application may be awarded in absentia.

6. The arbitral tribunal shall first mediate in handling labor disputes, and on the basis of ascertaining the facts, urge the parties to reach an agreement, and make a mediation document on the content of the agreement, which shall become legally effective after being signed and received by both parties. If the mediation fails or the parties repent before the mediation statement is served, the arbitral tribunal shall make an award in a timely manner.

7. The arbitral tribunal shall decide a labor dispute case within four to five days from the date on which the labor dispute arbitration commission accepts the arbitration application. Where the case is complicated and requires an extension, it may be extended upon approval, but the extension must not exceed five years. If the arbitral award is not made within the time limit, the parties may file a lawsuit with the civil court on the labor dispute.

8. If the Arbitral Tribunal applies for the withdrawal of the application for arbitration before making an award, the Arbitral Tribunal shall issue a Decision to Approve the Withdrawal of the Application to both parties if it finds that the withdrawal of the application is successful. However, if the respondent files a counter-application, it does not affect the hearing of the counter-application.

We can understand that according to the regulations, for the unit or the worker's property labor disputes, any can apply for labor arbitration, and if you apply for labor arbitration, you need to bring relevant documents and materials, and I hope that the family can understand. The above is the content of the compilation, if there is anything you don't understand, you can consult the relevant lawyer of the store.

Volunteer ≠ labor relations.

The Arbitral Tribunal administers disputes under the employment relationship!!

The top three taboos in labor arbitration are as follows:

1. Mislisted labor arbitration respondents.

2. The application for labor arbitration is incorrectly or improperly stated.

3. The facts and reasons section is a long statement.

In addition, you can get money without applying for labor arbitration, and labor arbitration is not the only way to solve the problem. The following are two ways that can be dispensed with by labor arbitration, which is faster than labor arbitration:

1. Labor Inspection Brigade: It is suitable for situations that are not too complicated and clear at a glance, such as only the fact of arrears of wages, or the failure to pay insurance.

2. Application for payment order: applicable to the situation where the two parties have formed a written agreement, but the employer refuses to perform. However, what remains unchanged is that we must collect evidence, only in this way can we not panic in the face of anything.

Precautions for writing a labor arbitration application

1. In order to prevent the omission of the legitimate rights and interests that should be asserted or the unclear expression will affect the success of the lawsuit, it is recommended to ask a professional to write on behalf of you.

2. If the labor relationship is in the nature of labor dispatch, when the employee applies for arbitration, please note that the respondent should be two entities, one is the dispatching unit, which is the employer of the labor contract, and the other is the legal person who actually provides labor. If the entity that actually provides labor services is an individual, only the dispatching unit is listed as the respondent.

Write a statement of claim setting out the matters, facts and reasons for the claim. Prepare the evidence materials and the identity documents of the parties (you and the company) (the company's information can go to the industrial and commercial file, you can bring your ID card), and apply to the local labor arbitration commission for free.