What materials are required to apply for labor arbitration

The materials and evidence required to apply for labor arbitration include the application form, identity certificate, labor contract, proof of social security payment, and salary slips.

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

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.

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 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.

There are two types of labor arbitration, individual arbitration and collective arbitration. The materials you need to prepare to apply for arbitration include: ID card, labor contract, notice or certificate of termination of labor relationship by the company, salary history for the past 12 months, social security payment records, and credit network information of the company you work for.

1. Application. The application shall be submitted to the arbitration commission in triplicate, and the claimant shall retain one copy, and if the respondent is a joint party, the application shall be submitted in quadruplicate, and three copies shall be submitted to the arbitration commission and the claimant shall retain one copy.

2. Proof of labor relationship. Such as labor contract, certificate of dissolution or termination of labor contract, proof of salary payment, proof of social insurance payment, work permit, access card and other materials and corresponding copies, A4 type paper.

3. Proof of identity. If the applicant is a worker, he or she should bring his or her identity certificate and submit a photocopy. If there is a principal, the power of attorney and the identity certificate of the principal, etc., should also be submitted.

If the applicant is an employer, he or she should bring a copy of the business license of the unit and submit a copy, as well as the identity certificate of the legal representative of the unit, the power of attorney, and the identity certificate of the entrusting person.

4. Proof of identity of the respondent. When the claimant applies for labor arbitration, if the arbitration commission requires the claimant to submit relevant materials that can prove the identity of the respondent according to the needs of case filing and review, the claimant shall submit them as far as possible. If the respondent is an employer, it shall provide proof of its industrial and commercial registration.

5. Confirmation of service address. Applicants should complete the Confirmation of Service Address when submitting the application.

The claimant applying for labor arbitration shall submit a written application for arbitration and submit a copy according to the number of respondents.

What evidence is required for labor arbitration.

1. Labor dispute arbitration complaint;

2. A copy of ID card;

3. A copy of the business license of the respondent unit or the registration information of the enterprise I;

4. Copies of evidentiary materials;

5. The parties submit a list of evidentiary materials and explanations of evidence;

6. The complainant needs to recommend 3 to 5 employee representatives, fill in and submit the "Employee Nomination Representative Form", including the list of employee representatives and the signature form of all employees.

Arbitration refers to the act of submitting a dispute to a neutral third party outside the dispute, who mediates and adjudicates the dispute between the parties. According to the different applicable objects, arbitration can be divided into civil and commercial arbitration, maritime arbitration, international dispute arbitration, etc. Labor dispute arbitration is a type of arbitration system that aims to resolve labor disputes.

Labor dispute arbitration not only has some common characteristics of the Zhongzhi Zen arbitration system, but also has its own particularities.

The labor arbitration process is as follows:

1. To submit an application, a party applying for arbitration shall submit a written application for arbitration and submit a copy according to the number of respondents;

2. For the 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;

3. For the hearing, the arbitral tribunal shall notify the parties in writing of the date and place of the hearing five days before the date of the hearing.

4. In 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;

5. The arbitral award and the arbitral tribunal's decision on a labor dispute case shall be concluded within 45 days from the date on which the labor arbitration commission accepts the arbitration application. Where the case is complicated and an extension is required, an extension may be granted upon approval and the parties may be notified in writing, and the extension period shall not exceed 15 days.

The law is based on which law

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

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.

1. The applicant of the labor dispute complaint shall fill in the "Application for Arbitration" truthfully and accurately in accordance with the regulations, and the "Application for Arbitration" shall be submitted in triplicate, two copies of which shall be submitted to the arbitration commission by the applicant himself or his entrusted person, and one copy shall be retained by the applicant.

2. The industrial and commercial registration information of the employer can be inquired directly by the industrial and commercial department, and the employee needs to pay a fee, usually 20 yuan.

3. A copy of the employee's ID card, if the applicant is an employer, a copy and a copy of the business license of the unit, the identity certificate of the legal representative of the unit, the identity certificate of the entrusted person, the power of attorney, etc.

Legal basis] Article 28 of the Labor Dispute Mediation and Arbitration Law: 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 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.

What evidence is required for labor arbitration.

The materials required to apply for labor arbitration are as follows: (1) Labor dispute arbitration complaint registration form; (2) Application for Labor Arbitration (stating the reasons and requirements of the complaint in detail, in duplicate or according to the number of respondents; (3) A copy of the applicant's identity certificate; (4) If there is a entrusted person, it is necessary to sign and submit the "Power of Attorney" in person, indicating the entrustment matters, and submit a copy of the ID card of the entrusted person; If the client's ** person is a practicing lawyer sent by a law firm, a copy of the practicing lawyer's ID should be provided, and if the client's ** person is a citizen, the no-charge ** agreement signed with the client should be provided, as well as the legal information on the relationship between the client and the client. (5) The respondent's industrial and commercial registration information; (6) Proof of the existence of an employment relationship between the applicant and the respondent (7) The List of Evidence to be Submitted shall be made in duplicate.

Note: When the applicant is in a class dispute, in addition to submitting the above materials, the applicant also needs to recommend 3-5 employee representatives, and submit a list of employee representatives and a signature form of all employees. In the case of collective dispute over unpaid wages, the applicant is also required to submit a list of employees in arrears of wages and a table of the amount of arrears.

Articles 28 and 29 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes stipulate that:

If a unit terminates a labor contract in violation of the law, it shall pay severance compensation. Severance shall be paid to the worker according to the number of years he or she has worked in the unit 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.

If the negotiation cannot be handled, they can apply for labor arbitration to protect their rights. To apply for labor arbitration, the following materials need to be prepared: 1. One original copy of the application registration form for labor dispute arbitration; 2. 2 original copies of the application for arbitration of labor disputes, and copies shall be submitted according to the number of respondents; 3. One copy of the applicant's ID card (please copy both sides of the new generation ID card); 4. One copy of the respondent's registration materials (valid within one month from the date of printing); 5. One copy of the proof of the existence of labor relationship between the applicant and the respondent (such as labor contract, temporary residence permit, work permit, brand, work card, salary record, employment registration form, deposit receipt, penalty certificate, social security policy, certificate of dissolution or termination of labor relationship, etc.).

Apply for arbitration to the labor dispute arbitration committee at the place where the employer is located or where the labor contract is performed.