Can I apply for labor arbitration if I am dismissed by the company?

1. The dismissed person may apply to the labor arbitration commission at the place where the labor contract is performed or the place where the employer is located for labor arbitration, and the applicant shall submit a written application for arbitration, and submit copies according to the number of respondents, as well as proof of the existence of labor relations between the two parties.

2. Legal basis: Law of the People's Republic of China on Labor Dispute Mediation and Arbitration

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 the main person in charge;

2. The arbitration claim and the facts and reasons on which it is based;

3. Evidence and evidence**, names and addresses of witnesses.

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.

You can apply for labor arbitration at the local labor bureau. If the employer dissolves or terminates the labor contract in violation of the relevant provisions of the Labor Law, if the employee does not request to continue to perform the contract or the contract can no longer be performed, the employer shall pay compensation to the dismissed employee in accordance with the law, according to the number of years of service, and compensate for one month's salary for one year of service.

Legal analysis

Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. Dismissal is an act of dismissal by an employer, which refers to a compulsory measure taken by an employer to terminate the labor relationship with an employee due to serious violations of discipline or other reasons.

If an employee is found to have seriously violated discipline, it must be based on legal and effective rules and regulations, which are an important basis for the employer to dismiss an employee who violates discipline. Article 19 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases clearly stipulates that the rules and regulations formulated by the employer through democratic procedures that do not violate national laws, administrative regulations and policy provisions, and have been publicized to the employees, may be used as the basis for the people's court to hear labor dispute cases. Only a dismissal decision made in accordance with legal and effective rules and regulations can become the basis for the judgment of an arbitration institution or judicial organ.

Legal basis

Article 47 of the Labor Contract Law of the People's Republic of China Economic compensation shall be paid to the worker according to the standard of one month's salary for each full year of the employee's service in the employer. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law. The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Legal analysis: An application for labor arbitration after dismissal shall be submitted within one year and a copy shall be submitted according to the number of respondents. The statement of claim for arbitration shall contain the following particulars:

specific information about the employee and the employer; the claim for arbitration and the facts and reasons on which it is based; Evidence and evidence**, names and residences of witnesses. Legal basis: Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes 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 or 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 provided for by laws and regulations. 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.

Yes, sue the employer for illegally terminating the labor contract and demand double compensation, overtime pay, and three times the salary of unused annual leave. Many of the internal rules and regulations of the employer have not been approved through legal procedures, and many dismissals of employees according to the company's system will be deemed to be illegal termination.

If the employee is dismissed without cause, he or she will be compensated for the salary of n 1, and if the agreement is not reached, he can go to the local labor bureau to apply for labor arbitration.

If you are unilaterally dismissed by the company, and the severance paid by the company is unreasonable, you can apply to the labor department for labor arbitration.

Dismissal is the most severe punishment for the employee, and the dismissal leads to the termination of the labor contract, the termination of the labor relationship, and the deprivation of the employee's right to work.

If the dismissal of the employer is based on the provisions of Article 39 of the Labor Contract Law, it is in accordance with the law and is not improper.

However, if the employee is dismissed without reason, he or she is suspected of illegally terminating the labor contract and shall bear the legal responsibility of paying twice the compensation stipulated in Article 87 of the Labor Contract Law.

It is a labor dispute and can be resolved by applying for labor arbitration.

Of course, you can apply for labor arbitration, but you need to be prepared to leave your current position in advance.

When you apply for labor arbitration, you need to do two things, the first thing is to find your next home, or be mentally prepared for the consequences of the current arbitration. The second thing is to prepare the necessary materials, you need to have enough evidence to prove that the company has violated your rights and interests, and to ensure that the labor arbitration can help you solve the problem.

First, let me start with my personal experience.

I've been in the workplace for more than 10 years, and although I'm no longer in the workplace, I can share this with you about my own experience in the workplace. I have conducted two labor arbitrations before, and both times were successful. Both of these times were related to company disputes, and I prepared materials to prove that I worked in the company, and also prepared materials to prove that I was working in the company, and at the same time, I also prepared materials for my salary, and the labor bureau finally helped me solve the problem.

2. You can apply for labor arbitration, but you need to be mentally prepared to bear the consequences.

The result is very simple, nothing more than that you can't continue to work in this company. If you are mentally prepared for this, you can go to the labor bureau to apply for labor arbitration. Ordinary workers do not need any arbitration fees to apply for labor arbitration at the labor bureau, and the staff of the labor bureau will assist you in handling labor disputes, and will also take the initiative to help you.

3. You need to prepare the necessary materials.

This necessary document is actually very simple, you only need to be able to prove that you work for this employer. If you haven't signed a contract before, you don't need to worry too much. Because when you apply for labor arbitration, if you don't sign an employment contract, you will get three times your salary.

If your dispute is about how much you are paid, you need to prepare documents that can prove your claim, and the staff of the labor bureau will also comprehensively evaluate your documents and communicate with your company to help you reach an agreement in this way. <>

Finally, if your rights and interests have been unlawfully infringed, it is recommended that you muster up the courage to apply for labor arbitration, which is not a difficult task.

After the dismissal of an employee, if a labor dispute arises, the enterprise may apply for labor arbitration.

Legal basis] According to Article 2 of the Labor Dispute Mediation and Arbitration Law, this Law shall apply to the following labor disputes between employers and employees 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 or 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 provided for by laws and regulations.

Article 5: In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Employees can apply for labor arbitration at the local labor bureau.