What information is required for labor arbitration?

Updated on society 2024-04-24
9 answers
  1. Anonymous users2024-02-08

    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.

  2. Anonymous users2024-02-07

    The materials required for labor arbitration are:

    1. Application. The application shall be submitted in triplicate, two copies shall be submitted to the arbitration commission, and one copy shall be retained by the applicant. In addition to the basic information of the employee, the application should also contain clear and specific requests for application and the facts and reasons on which the application is based.

    2. Proof of identity. If the applicant is a worker, he or she should bring his or her identity certificate and submit a copy, and if there is a client, he should also submit a power of attorney and the identity certificate of the client; 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.

    3. Proof of labor relationship. Such as labor contract, certificate of dissolution or termination of labor contract, proof of salary payment, certificate of social insurance payment, work permit, pass and other materials and corresponding copies.

    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.

    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 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 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.;

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

  3. Anonymous users2024-02-06

    What evidence is required for labor arbitration.

  4. Anonymous users2024-02-05

    Legal analysis: You can negotiate with the unit for arbitration application and evidence, and if it fails, you can file labor arbitration. The statement of claim for arbitration shall contain the following particulars:

    1) The name, gender, age, occupation, work unit, address, mailing address and contact ** of the worker, the name, address, mailing address, contact ** of the employer, and the name and position of the legal representative or the principal responsible person; (2) the claim for arbitration and the facts and reasons on which it is based; (3) Evidence and evidence**, the names and addresses of witnesses. If it is really difficult to write an arbitration application, the application may be made in a bad manner, which shall be recorded in the record by the arbitration commission and confirmed by the signature or seal of the applicant. If the applicant's written application for arbitration is complete, the arbitration commission shall issue a receipt of receipt.

    Legal basis: Article 79 of the Labor Law of the People's Republic of China stipulates: "After the occurrence of a labor dispute, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration.

    One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If they are not satisfied with the arbitration, they may file a lawsuit in the people's court."

  5. Anonymous users2024-02-04

    Legal analysis: What information is required for labor arbitration: 1 stool side, 1 original copy of the registration form for labor dispute arbitration application; 2. Two original copies of the application for labor dispute arbitration shall be submitted according to the number of respondents; 3. One copy of the applicant's ID card (please make a copy of both sides of the new generation ID card); 4. 1 original power of attorney (submitted according to different power of attorney situations; The power of attorney needs to specify the entrustment matters and authority); 5. One copy of the identity certificate or qualification certificate of the entrusted person; 6. One copy of the certificate of relationship between the client and the entrustee; 7. 1 original copy of the entrustment ** no charge agreement; 8. One original letter from the law firm or legal aid letter; 9. One copy of the respondent's registration materials (valid within one month from the date of printing).

    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**, the 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.

  6. Anonymous users2024-02-03

    The materials required for labor arbitration are: 1. Applicant's identity certificate and photocopy; 2. Application for labor arbitration; 3. The respondent's industrial and commercial registration information; 4. 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 schedule (slip), employment registration form, deposit receipt, penalty certificate and notice or certificate of dismissal, dismissal, dismissal, dissolution (or termination) of labor relationship, etc.

    5. The List of Evidence Materials to be Submitted shall be made in duplicate.

    Application Process:

    1. The parties know or should know that their rights have been infringed upon and apply to the Labor Dispute Arbitration Commission for arbitration within one year. Within five days from the date of receipt of the arbitration application, if the labor dispute arbitration commission finds that it meets the conditions for acceptance, it shall accept it 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.

    2. In the course of arbitration, the parties will conduct the explicit request of the applicant, the respondent's defense, the investigation of the facts by the arbitral tribunal, the presentation of evidence by both parties, debate, and the presentation of final opinions.

    3. The arbitral tribunal shall mediate before making an award. If an agreement is reached through mediation, the arbitral tribunal will prepare a mediation statement. If one of the parties repents before the mediation is not successful, the arbitral tribunal will make an award in a timely manner.

  7. Anonymous users2024-02-02

    If you apply for labor arbitration, you need to submit the following materials: (1) a labor arbitration application (stating in detail the facts and reasons of the application, in duplicate or according to the number of respondents); (2) Applicant's identity certificate and photocopy; (3) 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 citizen, he should provide the no-charge ** agreement signed with the client, as well as the legal information on the relationship between the ** person and the client; (4) The respondent's industrial and commercial registration information; (5) Proof of the existence of labor relationship between the applicant and the respondent; (Supporting documents include:

    Labor contract, temporary residence permit, work permit, brand plate, work card, salary schedule (slip), employment registration form, deposit receipt, as well as proof of punishment and notice or certificate of dismissal, removal, dismissal, dissolution (or termination) of labor relations, etc. When the applicant submits the supporting materials, the original and a copy of the banquet should be attached, and the original should be returned after review; (6) The List of Evidence Materials to be Submitted shall be made in duplicate.

  8. Anonymous users2024-02-01

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

  9. Anonymous users2024-01-31

    1. What materials are required for labor arbitration?

    1) Labor dispute arbitration complaint;

    2) Copy of ID card;

    3) A copy of the business license of the respondent unit or the industrial and commercial registration information of the enterprise;

    4) Copies of evidentiary materials;

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

    2. Legal basis: Article 29 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China stipulates that within five days from the date of receipt of the arbitration application, if the labor dispute arbitration commission considers that it meets the conditions for acceptance, it shall accept it 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 for demolition of the labor dispute.

    The third grinding is ten strips.

    After accepting the arbitration application, the labor dispute arbitration commission shall serve a copy of the arbitration application to the respondent within five days.

    After receiving a copy of the application for arbitration, the respondent shall submit a statement of defence to the Labor Dispute Arbitration Commission within 10 days. After receiving the statement of defense, the labor dispute arbitration commission shall send a copy of the statement of defense to the applicant within five days. If the respondent fails to submit a statement of defence, it shall not affect the conduct of the arbitration proceedings.

    2. What is the basic process of labor arbitration?

    1. Apply for arbitration within one year after the dispute arises and submit an 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.

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