How to resolve labor disputes, and how to resolve labor disputes

Labor Dispute Mediation and Arbitration Law.

Article 2 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 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.

Article 3 In resolving labor disputes, the lawful rights and interests of the parties shall be protected in accordance with the lawfulness, fairness, timeliness and emphasis on mediation in accordance with the facts and in accordance with the law.

Article 4 In the event of a labor dispute, the worker may negotiate with the employer, or may ask the trade union or a third party to negotiate with the employer and reach a settlement agreement.

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.

Article 6 In the event of a labor dispute, the parties concerned shall have the responsibility to provide evidence for their own claims. If the evidence related to the disputed matter is in the possession and management of the employer, the employer shall provide it; If the employer does not provide it, it shall bear the adverse consequences.

1. Self-negotiation;

2. If the complaint is filed with the labor department, the labor department will order it to correct or intervene in mediation;

3. Apply for labor arbitration;

4. Filing a lawsuit with the court.

The methods for resolving labor disputes are as follows:

1. Negotiation ProcedureNegotiation refers to the direct negotiation between the employee and the employer on the disputed issues to find a specific solution to the dispute. Different from other disputes, one of the parties to a labor dispute is an employer, and the other party is an employee of the unit, so that the two parties have a certain labor relationship and understand each other. In the event of a dispute, it is best to negotiate first and eliminate the estrangement by reaching a voluntary agreement.

However, the negotiation procedure is not a necessary procedure for handling labor disputes. The two parties may or may not negotiate, completely voluntarily, and no one can force it.

2. The procedure for applying for mediation refers to the procedure for one of the parties to a labor dispute to apply for mediation to the labor dispute mediation committee for a labor dispute that has already occurred. According to the Labor Law, an employer may set up a labor dispute mediation committee to mediate labor disputes in its own unit.

The members of the mediation committee are composed of representatives of the unit, employees and trade unions. Generally have legal knowledge, policy level and practical work ability, and understand the specific situation of the unit, which is conducive to resolving disputes. Except for disputes arising from the signing and performance of collective labor contracts, they can be mediated by the labor dispute mediation committee of the enterprise.

However, like the negotiation procedure, the mediation procedure is also voluntarily chosen by the parties, and the mediation agreement is not enforceable, and if one party repents, it can also apply to the arbitration institution for arbitration.

3. Arbitration ProcedureThe arbitration procedure is a procedure whereby one of the parties to a labor dispute submits the dispute to the labor dispute arbitration commission for processing. This procedure not only has the characteristics of flexible and fast labor dispute mediation, but also has the effect of enforcement, and is an important means to resolve labor disputes. The Labor Dispute Arbitration Commission is a specialized agency authorized by the state to independently handle labor dispute cases in accordance with the law.

Applying for labor arbitration is one of the optional procedures for resolving labor disputes, and it is also a pre-procedure for filing a lawsuit, that is, if you want to file a lawsuit to fight a labor lawsuit, you must go through the arbitration procedure, and you cannot directly file a lawsuit with the people's court.

4. Litigation procedures are based on Article 83 of the Labor Law: "If a party to a labor dispute is dissatisfied with the arbitral award, it may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. If one party does not file a lawsuit within the statutory time limit and fails to perform the arbitral award, the other party may apply to the people's court for compulsory enforcement.

The litigation process is what we usually call a lawsuit. The initiation of litigation proceedings is initiated after a party dissatisfied with the decision of the labor dispute arbitration commission files a lawsuit with the people's court. The litigation procedure has a strong legal and procedural nature, and the judgment rendered is also enforceable.

Labor disputes refer to disputes arising from differences in labor rights and obligations between parties to a labor relationship. Labor disputes are relatively common disputes in reality. After establishing labor relations with employees, such as state organs, enterprises, public institutions, and social organizations, employers can generally cooperate with each other and conscientiously perform labor contracts, but disputes between the two parties are inevitable due to various reasons.

After the occurrence of a labor dispute, the two parties can negotiate privately first, and if the negotiation fails, they can find the labor dispute mediation organization in the street where the unit is located to mediate and resolve the problem; If the above-mentioned organization fails to mediate or one party has no willingness to mediate, if the disputed matter is within the jurisdiction of the supervision department, it can file a complaint with the labor inspection brigade where the slag unit is located. If the supervision department is unable to deal with it, it can apply to the labor arbitration commission for arbitration, and the arbitration commission will generally organize mediation between the two parties after acceptance. If the arbitration commission is not satisfied with the result, it may file a lawsuit with the people's court. Generally speaking, labor arbitration is a necessary procedure for litigation, but in some special circumstances, employees can also skip the arbitration procedure and file a lawsuit directly with the people's court. In addition, if it involves social security issues, this can only be a complaint to the inspection department or the social security department, and arbitration and the court will not deal with it.

Article 4 of the Labor Dispute Mediation and Arbitration Law provides that in the event of a labor dispute, the employee may negotiate with the employer, or ask the labor union or a third party to negotiate with the employer to reach a settlement agreement. If a labor dispute occurs quietly, and 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.

Methods for settling labor disputes: 1. Negotiation procedures. Negotiation refers to the direct negotiation between the employee and the employer on the disputed issues to find a specific solution to the dispute.

Unlike other disputes, one of the parties to a labor dispute is a unit. One party is an employee of a unit, and the two parties have a certain labor relationship and understand each other. In the event of a dispute, it is better to negotiate first and eliminate the estrangement by voluntarily reaching an agreement.

2. Apply for mediation. According to the Labor Law, a labor dispute mediation committee may be established within the employer to mediate the labor dispute in the labor dispute mediation committee.

The members of the mediation committee are composed of representatives of units, employees and trade unions, and generally have legal knowledge, policy level and practical work ability. It also understands the specific situation of the unit, which is conducive to resolving disputes. Except for disputes arising from the signing and performance of collective labor contracts, the labor dispute mediation committee of the enterprise can mediate, but, like the negotiation procedure, the mediation procedure is also voluntarily chosen by the parties.

Moreover, the mediation agreement is not enforceable, and if one party repents, it can also apply to an arbitration institution for arbitration. 3. Arbitration Procedure. The arbitration procedure is a procedure for one of the parties to a labor dispute to submit the dispute to the labor dispute arbitration commission for processing, which is an important means to resolve labor disputes, and applying for labor arbitration is one of the selection procedures for resolving labor disputes, and it is also a pre-procedure for filing a lawsuit.

That is, if you want to file a lawsuit to fight a labor lawsuit, you must go through the arbitration procedure, and you cannot directly file a lawsuit with the people's court. 4. Litigation procedures. According to Article 83 of the Labor Law, the parties to a labor dispute are dissatisfied with the arbitral award.

A lawsuit may be filed with the people's court within 15 days from the date of receipt of the arbitral award, and one party shall not file a lawsuit within the statutory time limit. If the other party fails to perform the arbitral first award, the other party may apply to the people's court for compulsory enforcement.

Legal basis. Article 79 of the Civil Code of the People's Republic of China [Articles of Association of For-Profit Legal Persons] The establishment of a for-profit legal person shall formulate a legal person's articles of association in accordance with law.

Legal analysis: 1. The parties negotiate and reach an agreed solution;

2. Apply to the mediation committee for mediation, and mediation is voluntary;

3. The arbitration commission shall accept the application for labor arbitration as long as one party applies for arbitration and meets the requirements;

4. Filing a lawsuit with the people's court, in labor disputes, arbitration is a closed grip procedure before the lawsuit can be filed through arbitration, and if it is not arbitrated, the court will not accept it.

Legal basis: Labor Law of the People's Republic of China Article 77 In the event of a labor dispute between an employer and an employee, the parties concerned may apply for mediation, arbitration, file a lawsuit, or settle it through negotiation in accordance with the law. The principle of conciliation applies to both arbitration and litigation proceedings.

Labor disputes are generally resolved in four ways: 1. Negotiate with the employer to resolve them. 2. Mediation.

Mediation is a method of mediation by a third party to mediate and promote mutual understanding and mutual concession between the parties through guidance and persuasion, so as to resolve disputes. 3. Arbitration. Labor dispute arbitration in China is conducted by the Labor Stimulation and High Mobility Dispute Arbitration Commission.

Arbitral awards are enforceable. 4. Litigation. Labor dispute litigation refers to a labor dispute settlement method in which both parties to a labor dispute are dissatisfied with the arbitral award and file a lawsuit with the people's court in accordance with the law to protect their legitimate rights and interests, which is the last procedure for resolving labor disputes.

Labor disputes are generally resolved in four ways: 1. Negotiate with the employer to resolve them. 2. Mediation.

Mediation is a method of mediation by a third party to mediate and promote mutual understanding and mutual concession between the parties through guidance and persuasion, so as to resolve disputes. 3. Arbitration. Labor dispute arbitration in China is conducted by the labor dispute arbitration commission.

Arbitral awards are enforceable. 4. Litigation. Labor dispute litigation refers to a labor dispute in which both parties to a labor dispute are dissatisfied with the arbitration award and file a lawsuit with the people's court in accordance with the law to protect their legitimate rights and interests, which is the last procedure for resolving labor disputes.