Is Labor Arbitration Feasible 10, Is Labor Arbitration Feasible

1. It is right to think of labor arbitration, but the reason for resignation is very important, and the best reason in your case is that the company does not sign the labor contract on time in accordance with the provisions of the labor contract law, and the legitimate rights and interests of the employee are not protected.

2. Resign according to the above reasons and hand it over to the company in writing, it is best to ask them to sign for receipt or deliver the letter, and you can leave immediately after confirming the delivery, which is completely legal.

3. The company has not signed a labor contract, and the company is required to follow Article 82 of the Labor Contract Law: If you have not signed a written labor contract with the employee for more than one month but less than one year since you joined the company, the company shall pay twice the salary every month.

4. If you resign for the above reasons, you can also request the company to pay you one month's salary for each year of employment in the company in accordance with the provisions of Articles 38, 46 and 47 of the Labor Contract Law.

5. The company is required to go through the relevant procedures for your resignation within 15 days in accordance with the provisions of Article 50 of the Labor Contract Law, including all the procedures for the transfer of social insurance relations.

6. If the company fails to compensate for the award issued by labor arbitration, it can apply to the court for compulsory enforcement.

7. In the case of labor disputes, according to the provisions of the Several Provisions of the Supreme People's Court on Evidence in Civil Litigation and the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, the main responsibility for proof lies with the employer, and the employer will be ordered to present relevant evidence, so you don't have to worry.

Why am I suggesting labor arbitration to you.

Labor arbitration will not be very troublesome, and it is sufficient to submit the labor arbitration application and relevant evidence.

1. How to apply for labor arbitration:

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 letter rises to the top (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 the first quarrel is heard, and then the two of you are mediated, and the mediation fails to issue an award to the arbitration committee; Labor arbitration shall be concluded within 60 days; If we are not satisfied with the ruling, we can sue the court;

3. You can handle it yourself without inviting a local lawyer**, and I can provide you with remote guidance (I will write the relevant legal documents for you), and you can also win the lawsuit;

4. During the application for labor arbitration, you will not be delayed to work in the new unit! Ask a professional personnel guide, you can not hire a lawyer.

Secondly, you can go to labor arbitration and fill out a labor arbitration application form;

Thirdly, prepare your ID card and relevant evidence to prove the employment relationship between the two parties, as well as the evidence that needs to be submitted according to your claim;

Finally, if you don't understand, you can find legal aid on the labor arbitration side and consult with the legal aid side on relevant legal issues, however, the legal aid lawyer will sometimes exaggerate the remuneration you can get based on the facts you unilaterally stated, but it is not deliberate by the lawyer, but some of what you say unilaterally will be biased. However, you can still consult a lawyer about the basic legal provisions.

The above is the answer to the analysis compiled by the consultant team for you, if you need help drafting the contract, you can buy a template or hire a lawyer**.

You can also contact customer service directly to solve the problem for you.

Summary. Hello! Labor arbitration certainly works!

According to Article 47 of the Law on Mediation and Arbitration of Labor Disputes, the arbitration award shall be final and effective from the date of its issuance, except as otherwise provided in this Law, for the following labor disputes: (1) Disputes over the recovery of labor remuneration, work-related injury medical expenses, economic compensation or compensation not exceeding the amount of the local monthly minimum wage standard for 12 months; (2) Disputes arising from the implementation of national labor standards in terms of working hours, rest and vacation, social insurance, etc. Article 83 of the Labor Law stipulates that if a party to a labor dispute is dissatisfied with an arbitral award, it may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award.

If one party does not file a lawsuit and fails to perform the arbitral award within the statutory time limit, the other party may apply to the people's court for compulsory enforcement.

Hello! Labor arbitration certainly works! According to Article 47 of the Law on Mediation and Arbitration of Labor Disputes, the following labor disputes, except as otherwise provided in this Law, the arbitral award shall be final, and the award shall take legal effect from the date of issuance:

1) Disputes over the recovery of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, which does not exceed the amount of the local monthly minimum wage standard for 12 months; (2) Disputes arising from the implementation of national labor standards in terms of working hours, rest and vacation, social insurance, etc. Article 83 of the Labor Law stipulates that if a party to a labor dispute is dissatisfied with an arbitral award, he or she may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. If one party does not file a lawsuit and fails to perform the arbitral award within the statutory time limit, the other party may apply to the people's court for compulsory enforcement.

Article 27 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China stipulates that 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 period of limitation for arbitration shall be 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. From the date on which the reason for the suspension of the statute of limitations is removed, the arbitrator shall continue to calculate the limitation period.

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.

12333 Labor Arbitration Works. Labor arbitration refers to the mediation and adjudication of labor disputes by the labor dispute arbitration commission on the arbitration of the parties. Labor arbitration is a necessary procedure for parties to a labor dispute to file a lawsuit with the people's court.

In accordance with the relevant laws and regulations, the party initiating labor arbitration shall submit a written application to the first member of the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute. Unless the parties apply for arbitration due to force majeure or other justifiable reasons, the arbitration commission shall not accept the application if the time limit for arbitration has expired as prescribed by law.

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.; Sleepy and blind.

6) Other labor disputes as stipulated by laws and regulations.

Some use, when you want wages, the labor clock cutter will negotiate with you.

Labor arbitration is useful or useless, and this procedure must be followed.

In the event of a labor dispute between an employer and an employee, the only way to resolve a labor dispute is to first go through labor arbitration, which is a pre-procedure for resolving labor disputes. Without going through labor arbitration, it is impossible to file a lawsuit in the people's court. In this respect, labor arbitration is very useful, and you can't file a lawsuit without arbitration.

In addition, in practice, most labor disputes are resolved in the labor arbitration process, and the two parties reach a settlement agreement, or the parties have fulfilled their obligations after the labor arbitration award has been awarded, and the labor dispute is resolved. Therefore, labor arbitration is used for socks.