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If the civil dispute is not a labor dispute, the labor bureau will not accept it.
If the complaint is made, it shall be completed within 60 working days from the date on which the case is filed, and may be extended by 30 working days upon approval.
If the application for labor arbitration is adopted, it shall be completed within 45 days from the date of acceptance, and may be extended by 15 days upon approval.
Legal basis: Regulations on Labor and Social Security Inspection
Article 17 The investigation of violations of labor security laws, regulations or rules by the administrative department for labor security shall be completed within 60 working days from the date on which the case is filed; If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.
Labor Dispute Mediation and Arbitration Law
Article 43 The arbitral tribunal shall decide 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.
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You should be talking about filing a labor arbitration with the labor arbitration commission under the Human Resources and Social Security Bureau.
In accordance with the provisions of the Arbitration Law, the arbitral tribunal shall make an arbitral award within a maximum of 60 days from the date of acceptance of the application. If the ruling is not made within the time limit, the parties may directly file a lawsuit with the court.
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The Labor Bureau does not care about the issue of compensation for civil disputes, please clarify the content of the question before asking questions.
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Where labor disputes are resolved through litigation, the trial is generally concluded within six months. However, if a labor dispute is subject to pre-arbitration, and if the applicant is dissatisfied with the 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. The arbitral tribunal's decision on a labor dispute case shall be concluded within 45 days from the date of acceptance of the arbitration application by the labor dispute arbitration commission.
[Legal basis].Article 50 of the Law on Mediation and Arbitration of Labor Disputes.
If a party is not satisfied with the arbitration award in a labor dispute case other than that provided for in Article 47 of this Law, it may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award; Where no prosecution is made at the expiration of the time limit, the ruling takes legal effect.
Article 149 of the Civil Procedure Law of the People's Republic of China.
People's courts applying the ordinary procedures shall conclude trial within 6 months of the date on which the case is filed. Where there are special circumstances that require an extension, it may be extended for six months without the approval of the president of the court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.
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After the parties sue for a labor dispute, if the court hears the case in accordance with the ordinary procedures, the case will generally be concluded within six months; If there are special circumstances, it can be extended for six months; If the House of Fajens is dealt with in accordance with the summary procedure, the case will be closed within three months.
Article 43 of the Law on Arbitration and Mediation of Labor Disputes stipulates that the arbitral tribunal shall conclude the adjudication of labor dispute cases within 45 days from the date on which the labor dispute arbitration commission accepts the arbitration application. If the case is complicated and needs to be extended, it may be extended with the approval of the director of the Labor Dispute Arbitration Commission and notified the parties 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 matters of the labor dispute.
There is no charge. 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). >>>More
Labor Dispute Arbitration Application Format:
Respondent: Legal representative: >>>More
Under normal circumstances, companies are afraid of being complained to the Labor Bureau, and the consequences may include adverse effects on the integrity of the company; There are generally legal costs or adverse legal consequences; It will affect the cohesion and centripetal force of the enterprise, and have a negative impact on the survival and development of the enterprise. If an employee files a complaint with the Labor Bureau or the Labor Inspectorate against the person in charge of the enterprise, there will be adverse legal consequences or corresponding legal liabilities, such as fines. It depends on what was complained to the Labor Bureau; If the violation is minor, the labor administrative department may order you to make corrections, and if the violation is too serious and the payment is overdue, the human resources and social security department may order the employer to pay additional compensation to the employee according to the standard of 50% to 100% of the amount payable; If a crime is constituted, criminal responsibility shall be pursued in accordance with law, and the crime of refusing to pay labor remuneration may be suspected.
Generally, there will be a specific result within 15 days after the complaint is filed with the labor bureau, but the result may not meet the needs of the individual employee. In addition, when we file a complaint with the Labor Bureau because of a labor dispute, we should also provide evidence in our favor to the Labor Bureau. >>>More
What documents are required to file a complaint with the Labor Bureau.