How to Apply for Labor 20, How to Apply for Labor

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 can definitely apply for legal arbitration. The probationary period is counted as well as the duration of the contract. And the company should also sign an employment contract with you. Instead of a probationary contract. Within one month, the employer shall sign a written employment contract with the employee.

In labor arbitration, you can ask the company to pay you the salary for the probationary period and severance for illegally terminating the labor contract.

You can't get support for the double pay you are asking for. Because the starting time of double wages is calculated from the month following the signing of the contract, the employer is also not allowed to terminate the contract at will during the probationary period, and according to the provisions of the Labor Contract Law, the relevant conditions must be met.

Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.

The same employer and the same employee can only agree on a probationary period once.

Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.

Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

Labor Dispute Arbitration Application Format:

Respondent: Legal representative:

Sincerely. Labor Dispute Arbitration Commission.

Applicant: (Signed or stamped).

YYYYYYYYYYYYYYYYY

Attached: a copy of the application form;

Evidentiary materials.

In the case of labor arbitration, it is sufficient for the company to handle it.

Submit the Application for Labor Dispute Arbitration to the Labor Dispute Arbitration Commission in duplicate.

When submitting the Application for Labor Dispute Arbitration, the following materials shall be submitted to the Labor Arbitration Commission:

1. A copy of ID card;

3. If the applicant is an employer, a copy of the business license of the enterprise legal person shall be submitted; Proof of identity of the legal representative;

4. If there is a client, submit a power of attorney. If the entrusting person is a lawyer, submit an official letter from the law firm; If the person is a citizen, a copy of the ID card of the person shall be submitted.

Hope it helps!

Third, do you want to submit the information of your complaining party?

There is no specific format requirement for the labor arbitration application, and the content of the application can be as follows.

According to Article 28 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, 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 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 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.

Indeed, you must first go to the labor department at the grassroots level to ask for coordination, and if you can't coordinate, they will write a note for you to go to the labor department at the higher level for labor arbitration.

Strictly speaking, there is a clear provision for charging a 2% case handling fee for handling these matters. I don't know if other labor departments have actually implemented the collection of it, but we rarely collect it here, unless we collect a dozen yuan when the worker dies.

There is no charge for filing an application for labor arbitration with the labor department according to the new labor arbitration law.