What is the whole process of labor arbitration? How do I apply for labor arbitration and how much do

The whole process of labor arbitration is divided into four parts, in order of application for arbitration, arbitration acceptance, hearing, arbitration and mediation. If no agreement is reached through mediation, the arbitral tribunal shall make a ruling in a timely manner. To apply for labor arbitration, you need to fill in the labor arbitration application form with the relevant department to apply; The charging standards and methods of labor arbitration fees shall be specified by the labor administrative department in conjunction with the financial and price authorities, and will be based on the principle of low cost and will not let the workers bear too much.

The process of applying for labor arbitration is:

1. Apply for arbitration.

2. Acceptance of arbitration: The arbitration commission shall make a decision on acceptance or non-acceptance within five days from the date of receipt of the arbitration application. If the arbitration commission decides to accept the application, it shall serve a copy of the statement of claim on the respondent within five days from the date of making the decision.

Where a decision is made not to accept it, the reasons shall be explained.

3. Hearing: The arbitral tribunal shall notify the parties in writing of the date and place five days before the date and place. If the applicant refuses to appear at the hearing without justifiable reasons or withdraws from the hearing without the consent of the arbitral tribunal, the claimant shall be automatically withdrawn from the hearing, and the respondent may be rendered a default award.

4. Arbitration and mediation: The arbitral tribunal shall first mediate when dealing with labor disputes, and promote the parties to reach an agreement voluntarily on the basis of ascertaining the facts. If an agreement is reached through mediation, the arbitral tribunal shall prepare a mediation statement based on the content of the agreement, which shall have legal effect from the date of service; If no agreement is reached through mediation, the arbitral tribunal shall make a ruling in a timely manner.

The arbitration fee consists of two parts: the case acceptance fee and the processing fee. The acceptance fee shall be paid in advance by the claimant for arbitration; The processing fee includes actual expenses such as travel expenses, inquest fees, appraisal fees, expenses for witnesses missing work and meals, and printing fees for documents and forms, which shall be paid in advance by both parties within one day of receiving the notice of acceptance of the case and the copy of the statement of appeal.

There is no need to pay a fee to apply for labor arbitration, which is to reduce the financial burden of the employee who applies for labor dispute arbitration. The funds of the Labor Arbitration Commission shall be operated by the State Financial Guarantee.

The process of applying for labor arbitration is as follows:

1. The applicant submits the labor arbitration application and evidence materials and applies for filing;

2. The arbitration institution accepts and notifies the claimant and the respondent;

3. ** Trial of the Imperial Sakura;

4. Conduct mediation;

5. If the mediation fails, the ruling shall be made.

Article 28 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes.

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 address 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: No money is required to apply for labor arbitration. Apply to the Labor Dispute Arbitration Commission (located in the district and county labor bureau) at the place where the employer of the transferee is located or the place where the labor contract is performed (the place where he works). The funding of the Labor Dispute Arbitration Commission shall be guaranteed by the Ministry of Finance.

Legal basis: Article 53 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration Labor dispute arbitration does not charge a chain. The funds of the labor dispute arbitration commission shall be guaranteed by the treasury.

Legal Analysis: 1. Fees.

In cases where there is no amount in dispute, $300 per piece. Cases with disputed amounts will be charged cumulatively according to the following standards: 500 yuan for each case where the disputed amount is less than 10,000 yuan (including 10,000 yuan); The part of the disputed amount exceeding 10,000 yuan to 50,000 yuan (including 50,000 yuan) will be charged at 3%; For the part of the disputed amount exceeding 50,000 yuan to 100,000 yuan (including 100,000 yuan), 2% will be charged; For the part in dispute exceeding 100,000 yuan, 1% will be charged.

2. Process. 1) Application and acceptance. When applying for labor dispute arbitration, the parties shall submit a written application for arbitration.

2) ** with the ruling. The arbitral tribunal shall, within 5 days before **, notify the parties in writing of the constitution, time and location of the arbitral tribunal; If a party refuses to appear at the hearing or withdraws from the hearing without the consent of the arbitral tribunal, the claimant shall be treated as withdrawing the lawsuit, and the respondent may be arbitrated in absentia; ** After that, the list of arbitrators shall be announced, and whether the applicant shall apply for recusal; The parties then present and argue, and finally make a decision.

Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 27 The statute of limitations 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 that their rights had been infringed or should have known that their rights had been infringed.

There is no fee for applying for labor arbitration. The process of applying for labor arbitration is as follows:

1. Apply for arbitration within one year after the birth of the disputed socks and submit the 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. Bench Rock.

[Legal Analysis].

1. Fees. In cases where there is no amount in dispute, $300 per piece. In the case of the amount in dispute, the fee will be accumulated according to the following standards:

For cases where the amount in dispute is less than 10,000 yuan (including 10,000 yuan), 500 yuan per case; The part of the disputed amount exceeding 10,000 yuan to 50,000 yuan (including 50,000 yuan) shall be charged at 3%; The part of the disputed amount exceeding 50,000 yuan to 100,000 yuan (including 100,000 yuan) will be charged at 2%; For the part in dispute exceeding 100,000 yuan, 1% will be charged. Like a mountain.

2. Process. 1) Application and acceptance. When applying for labor dispute arbitration, the parties shall submit a written application for arbitration.

2) ** with the ruling. The arbitral tribunal shall, within 5 days before **, notify the parties in writing of the constitution, time and place of the arbitral tribunal; If a party refuses to appear at the hearing or withdraws from the hearing without the consent of the arbitral tribunal, the claimant shall be treated as withdrawing the lawsuit, and the respondent may be arbitrated in absentia; ** The list of arbitrators shall be announced, and the applicant shall be asked whether to apply for recusal; The parties then present and argue, and finally make a decision.

[Legal basis].

Labor Dispute Mediation and Arbitration Law of the People's Republic of China Article 27 The statute of limitations 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.