How to apply for labor arbitration and do you need money?

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.

The materials required for labor arbitration can be summarized into three categories: different people apply for labor arbitration, and the materials required are also different:

The first category, if the complainant is an employee, please submit the following materials: (1) labor dispute arbitration complaint registration form; (2) Statement of Appeal (stating the reasons and requirements of the complaint in detail, in duplicate or according to the number of respondents); (3) The complainant's identity certificate and photocopy; (4) If there is a person who is entrusted, it is necessary to sign and submit the "Power of Attorney" in person, indicating the matters of entrustment, and at the same time submit a copy of the ID card of the entrusted person. If the client's ** person is a practicing lawyer sent by a law firm, a copy of the practicing lawyer's ID should be provided

If the client is a citizen, he or she shall provide the agreement signed with the client without charge, as well as the legal information on the relationship between the client and the client; (5) the respondent's industrial and commercial registration information; (6) Proof of the existence of an employment relationship between the complainant and the respondent; (Supporting materials include: labor contract, temporary residence permit, work permit, brand plate, work card, salary schedule (slip), employment registration form, deposit receipt, as well as proof of punishment and notice or certificate of dismissal, dismissal, dismissal, dissolution (or termination) of labor relations, etc.) When the complainant submits the supporting materials, the original and a copy shall be attached, and the original shall be returned after review; (7) The List of Evidence to be Submitted shall be made in duplicate;

In the second category, if the complainant is a collective dispute, please submit the following materials: In addition to the materials in items (1) to (7) of the first category, the complainant shall recommend 3 or 5 employee representatives, and submit a list of employee representatives and a signature form of all employees.

Category 3: If the complainant is an employer, please submit the following materials: (1) a copy of the respondent's identity certificate; (2) Proof of the existence of an employment relationship between the complainant and the respondent (the same as the requirements of item (6) of the first category); (3) A copy of the copy of the Business License; (4) Certificate of Identity of Legal Representative; (5) If there is a person who entrusts **, it is necessary to submit a copy of the ID card of the entrusting person in the "Power of Attorney" (indicating the matters of entrustment); (6) List of Supporting Materials to be Submitted (in duplicate).

Legal Analysis:1You don't need money to apply for labor arbitration. Apply to the labor dispute arbitration commission (located in the district or county labor bureau) where the employer is located or the place where the labor contract is performed (the place where you work).

2.Article 53 of the Law on Arbitration and Mediation of Labor Disputes is free of charge for labor dispute arbitration. The funds of the labor dispute arbitration commission shall be guaranteed by the treasury. Article 21 The Labor Dispute Arbitration Commission shall be responsible for the jurisdiction of labor disputes occurring in the region.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Don't want money. Apply to the labor dispute arbitration commission (located in the district or county labor bureau) where the employer is located or the place where the labor contract is performed.

Labor Dispute Arbitration and Mediation Law

Article 53 There is no fee for arbitration of labor disputes. The funds of the labor dispute arbitration commission shall be guaranteed by the treasury.

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.

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.

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 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.

Legal Analysis: There is no need to pay any fees. This is because workers are a vulnerable group compared to employers, and in social practice, the legitimate rights and interests of workers are harmed from time to time, which requires the protection of the law.

In order to fully protect the rights and interests of workers, the law stipulates the pre-procedure for labor arbitration, that is, before filing a lawsuit with the people's court, the employer shall first apply to the labor arbitration commission where the employer is located for labor arbitration, and at the same time, there is no fee for labor dispute arbitration, and the funds of the labor dispute arbitration commission shall be guaranteed by the government.

Legal basis: Article 53 of the Labor Dispute Mediation and Arbitration Law provides that there is no fee for labor dispute arbitration. The funds of the labor dispute arbitration commission shall be guaranteed by the treasury.

1. Do I need money to apply for labor arbitration?

1. No money is required to apply for labor arbitration. The employee may apply to the labor dispute arbitration commission at the place where the employer is located or the place where the labor contract is performed. However, if the worker loses the lawsuit, his or her rights and interests will not be supported.

2. Legal basis: Article 53 of the Labor Dispute Mediation and Arbitration Law.

There is no fee for arbitration of labor disputes. The funds of the labor dispute arbitration commission shall be guaranteed by the treasury.

2. What materials need to be submitted to apply for labor dispute arbitration?

1. Application for labor arbitration. A detailed statement of the factual reasons for the application, provided in duplicate or according to the number of respondents;

2. Applicant's identity certificate and photocopy;

3. If there is a person who entrusts **, it is necessary to sign and submit the "Power of Attorney" in person, indicating the matters of entrustment, and at the same time submit a copy of the ID card of the entrusted person. If the client's ** person is a practicing lawyer sent by a law firm, a copy of the practicing lawyer's ID should be providedIf the client is a citizen, he or she shall provide the agreement signed with the client without charge, as well as the legal information on the relationship between the client and the client;

4. The respondent's industrial and commercial registration information;

5. Proof of the existence of labor relationship between the applicant and the respondent. Labor contract, temporary residence permit, work permit, brand plate, work card, salary schedule, employment registration form, deposit receipt, as well as proof of punishment and notice or certificate of dismissal, dismissal, dismissal, termination of labor relationship, etc. When the applicant submits the supporting materials, the original and a copy should be attached, and the original should be returned after review;

6. The List of Evidence Materials to be Submitted shall be made in duplicate.