I consulted with the regional labor arbitration yesterday

Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2 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.

The arbitration commission shall file and accept the case.

Article 29 Within five days from the date of receipt of the arbitration application, if the labor dispute arbitration commission finds that the conditions for acceptance are met, it shall accept the application and notify the applicant; Where it is found that the requirements for acceptance are not met, the applicant shall be notified in writing not to accept the application and the reasons shall be explained. If the labor dispute arbitration commission does not accept the case or fails to make a decision within the time limit, the applicant may file a lawsuit with the people's court on the labor dispute matter.

If the arbitration commission does not accept the case, it shall give written notice stating the reasons, and then you may file a lawsuit.

Labor inspection or labor arbitration.

If it involves the issue of protecting the rights of workers, they can go directly to labor arbitration.

They will pass the buck to each other! I despise such people so much ...

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, 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.

1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing).

2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court;

3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit.

Legal basis

Article 27 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes stipulates:

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.

Legal analysis: (1) Submit the application for labor arbitration and relevant evidence. (2) If the application meets the requirements, the BAC shall make a decision on acceptance or non-acceptance 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 to the respondent within 5 days from the date of making the decision, and form an arbitral tribunal; If a decision is made not to accept the case, the reasons shall be explained, and the applicant may file a lawsuit with the people's court on the labor dispute. (3) After receiving a copy of the application for arbitration, the respondent shall submit a statement of defence to the Labor Dispute Arbitration Commission within 10 days. If the respondent fails to submit a statement of defence, it shall not affect the conduct of the arbitration proceedings.

It is the responsibility of the parties 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 within the specified time limit. If the employer does not provide it, it shall bear the adverse consequences.

Legal basis: 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 applicants who have been suspended. 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.

Workers generally go to the local labor department for consultation, and labor arbitration is sufficient. Alternatively, you can prepare the relevant materials and a statement of application and apply directly for arbitration. The time limit for writing labor arbitration is generally about one year, and if there are special circumstances, it will be decided according to the specific circumstances.

1. Where can the employee consult labor arbitration?

You can go directly to the local labor department for consultation. or directly apply for arbitration, where the parties apply for labor dispute arbitration and apply to the corresponding arbitration commission for arbitration in accordance with the provisions of hierarchical jurisdiction and territorial jurisdiction. Hierarchical jurisdiction refers to the division of labor between different levels of labor dispute arbitration commissions to accept cases.

Counties, cities and municipalities directly under the Central Government have generally set up labor dispute arbitration committees. Some provinces and autonomous regions have also set up labor dispute arbitration commissions. At this stage, most labor dispute cases are accepted by the local county-level labor dispute arbitration commission, unless otherwise provided by laws, regulations and rules.

Territorial jurisdiction refers to the division of labor dispute arbitration commissions at the same level in different regions in accepting cases. If the employer and the employee in dispute are not in the same jurisdiction of the arbitration commission, the arbitration committee shall accept the case by the arbitration committee of the place where the wage relationship between the employee and the employee is located (i.e., the place where the employer that pays wages to the employee).

II. Basic Procedures

1. Apply for arbitration within one year after the dispute arises and submit an arbitration claim;

2. The arbitration commission shall make a decision on whether to accept the complaint within five days from the date of receipt of the complaint;

3. The arbitral tribunal shall notify both parties in writing five days in advance;

4. Clear request, defense, investigation of facts, presentation of evidence and cross-examination, debate, and statement;

5. Mediation; 6. If mediation fails, the verdict will be made.

3. Circumstances of applying for arbitration

The employer and the employee may apply for labor arbitration in the event of the following labor disputes:

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 and resignation;

4. Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;

5. Disputes arising from labor remuneration, work-related injury medical expenses, economic compensation or compensation, etc.;

6. Other labor disputes stipulated by laws and regulations.

To sum up, if a dispute arises between an employee and an employer during the employment period or when the employment relationship is terminated, an application should be submitted to the labor arbitration commission for hearing the dispute in advance. Employees can go to the local labor arbitration institution or labor bureau for relevant matters.