What are the conditions for labor arbitration? What are the conditions for labor arbitration?

The conditions for the arbitration commission to accept the arbitration application are: 1. The complainant must have a direct interest in the labor dispute applied for arbitration; 2. The dispute to be applied for arbitration must be a labor dispute; 3. Apply to the arbitration commission with the right to arbitrate; 4. There is a clear respondent and a specific arbitration claim as well as a factual basis; 5. The application must be made within the specified time.

[Legal basis].

Article 29 of the Labor Dispute Mediation and Arbitration Law stipulates that 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. 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.

Legal analysis: What are the conditions for applying for labor arbitration: 1. The applicant has a direct interest in the case; 2. The dispute applied for arbitration is a labor dispute; 3. The labor dispute is under the jurisdiction of the arbitration commission; 4. The application form and relevant materials are complete; 5. The party making the arbitration request shall submit a written application to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute.

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 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.

The following conditions are met: 1. The applicant must be a worker who has a direct interest in the labor dispute applied for arbitration. 2. The dispute to be applied for arbitration must be a labor dispute;

3. The labor dispute applied for arbitration must fall within the scope of the arbitration commission. 4. An application for arbitration must be made to the arbitration commission with the right to arbitrate. 5. There is a clear respondent and a specific arbitration claim and factual basis; 6. Except for force majeure or justifiable reasons, it shall be within the validity period.

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

Article 2 Scope of Application.

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.

The following conditions must be met for a case to be accepted by labor arbitration:

l) The complainant must have a direct interest in the labor dispute for which arbitration is sought.

2. The dispute to be applied for arbitration must be a labor dispute; If it is not a labor dispute, but a civil or economic dispute, or an administrative dispute over labor security, the arbitration commission will not accept it.

3. The labor dispute applied for arbitration must fall within the scope of the arbitration commission.

4. An application for arbitration must be made to the arbitration commission with the right to arbitrate.

5) There is a clear respondent and a specific claim for arbitration, as well as a factual basis.

6) Unless there is force majeure or other justifiable reasons, the application for arbitration must be made within the prescribed time.

7) The application form and related materials are complete and meet the requirements.

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.

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.

You can apply for labor arbitration and claim economic compensation.

Severance shall be paid to the employee 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. Financial compensation is twice the amount of compensation.

The employee may apply for arbitration at the labor and personnel dispute arbitration commission where the employer is located or where the labor contract is performed. To apply for labor arbitration, you need to bring the arbitration application, a copy of your ID card, relevant evidence, and a copy of the employer's business registration information or business license when filing the case.

1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);

3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.

4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.