Do I Need to Apply for Labor Arbitration? What do I need to apply for labor arbitration? Is it troub

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.

You go to check the company's leave system, if you have a valid reason, keep the evidence (sick leave certificate, hospital certificate, etc.), normal leave, the employer is not qualified to fire you casually, or let you work overtime.

It is not troublesome for the Labor Bureau to apply for arbitration, but the following conditions need to be met: submit a written application for arbitration with the source and submit copies according to the number of respondents; If the application is made within the one-year limitation period for arbitration, it shall be calculated from the date on which the parties knew or should have known that their rights had been infringed; Apply to the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located; Other.

[Legal basis].Article 28 of the Law on Mediation and Arbitration of Labor Disputes.

The claimant applying for arbitration shall submit a written application for arbitration and submit copies according to the number of respondents.

The statement of claim for arbitration shall contain the following particulars:

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 the principal responsible person of the worker;

2) the request 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.

The following materials are required to apply for labor arbitration:

1. Application.

The application shall be submitted in triplicate, submitted to the arbitration commission in two copies, and one copy shall be retained by the applicant? When the respondent is a joint party, the application shall be submitted in quadruplicate, three copies shall be submitted to the arbitration commission, and one copy shall be retained by the applicant. The application form must be written in blue-black or black with a pen or signature pen, signed by the applicant and dated on it.

In addition to the basic information of the parties such as the name, gender, age, occupation, work unit, domicile, and contact ** of the employee, and the name, address, name, position, and contact of the legal representative or person in charge of the employer, the application should also contain clear and specific application requests and the facts and reasons on which the application is based.

2. Proof of identity.

If the applicant is a worker, he or she should bring his or her identity certificate and submit a photocopy. If there is a principal, a power of attorney and the identity certificate of the principal, etc., should also be submitted; If the applicant is an employer, he or she should bring a copy of the business license of the employer and submit a copy. As well as the identity certificate of the legal representative of the unit, the power of attorney, the identity certificate of the entrusting person, etc.

3. Proof of labor relationship.

Such as labor contract, certificate of dissolution or termination of labor contract, proof of salary payment, certificate of social insurance payment, work permit, pass and other materials and corresponding copies.

4. Proof of identity of the respondent.

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 as far as possible.

If the respondent is an employer, it shall provide proof of its industrial and commercial registration, including the name of the employer, legal representative, place of residence, copy of ID card, place of business, etc. If the respondent is a worker, the address of the place of his or her household registration, the address of his current residence, and his contact number shall be submitted.

5. Confirmation of service address.

1. Statute of Limitations for Applying for ArbitrationThe statute of limitations 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. II. Materials to be submitted for arbitration(1) If the applicant is an employee, the following materials should be submitted:

1) Application for Labor Arbitration (2) A copy of the applicant's identity certificate. (3) If there is a person who entrusts **, it is necessary to submit the "Power of Attorney" to entrust the citizen, and a copy of the identity blind certificate of the entrusting person shall also be submitted. (4) A copy of the respondent's industrial and commercial registration materials (machine-readable materials or a copy of the respondent's business license).

5) Attach a list of evidence (see Notice of Presentation of Evidence), which should generally include materials proving the existence of labor relations, such as: books, work permits, brand plates, work cards, wage schedules (singles), employment registration forms (registration forms), deposit receipts, social insurance payment lists, temporary residence permits, attendance records, reward and punishment notices, notices of termination (termination) of labor relations, etc. The parties should provide a set of original evidence, and provide copies according to the number of people who are applied.

2) If there are more than 10 applicants and there is a joint request, a representative may be nominated to participate in the arbitration activity. In addition to submitting items (1) to (6) of Category 1, the applicant may nominate 1-3 representatives and submit a Power of Attorney signed by all applicants. In the case of a collective dispute over unpaid wages, the applicant is also required to submit a monthly schedule of the amount of arrears.

3) If the applicant is an employer and a unit, please submit the following materials: (1) A copy (copy) of the "Business License". (2) Certificate of Identity of Legal Representative (Main Person-in-charge).

3) If there is a person who entrusts **, a copy of the "Power of Attorney" shall be submitted, indicating the matters to be entrusted. (4) Evidence is attached to the list of evidence, see the requirements of item (5) of Category 1. There is no fee for arbitration of labor disputes.

The claimant applying for labor arbitration shall submit a written application for arbitration and submit a copy according to the number of respondents.

Article 2 of the Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations (2005) No. 12 stipulates that if an employer has not signed a labor contract with an employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;

4) Attendance records;

5) Testimony of other workers, etc.

Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

Bring the proof of labor relationship with the company to the company's place of registration or business to fill in the labor arbitration application form and file the case.

What evidence is required for labor arbitration.

1. Labor arbitration refers to the mediation and adjudication of labor disputes by the labor dispute arbitration commission on the arbitration of labor disputes applied for arbitration by the parties. In China, labor arbitration is a necessary procedure for parties to a labor dispute to file a lawsuit in the people's court. It is precisely because applying for labor arbitration is a necessary procedure for court litigation, and this procedure is pre-emptive.

The process and precautions of arbitration and litigation are basically the same, so strictly speaking, applying for labor arbitration is a lawsuit. 2. Not all lawsuits need to hire a lawyer, and whether a specific case needs to hire a lawyer** depends on your own grasp of the case and the complexity of the case itself. However, lawyers are professionals after all, and their understanding and application of the law, as well as their grasp and guidance of the case procedures, make it easier for judges to guide the judgment of the case in a direction that is favorable to them.

The arbitral tribunal shall decide on 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.