How to go through the labor arbitration process

Labor arbitration is generally divided into four steps: application by the parties, review and acceptance, preparation for arbitration, and arbitration hearing.

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.

2. Review and acceptance: If the labor arbitration application meets the requirements, the labor dispute arbitration commission shall make a decision to accept or not accept the application within five working days from the date of receipt of the arbitration application.

III. Preparation for Arbitration: The arbitration commission shall constitute an arbitration tribunal within seven days from the date of filing of the labor dispute case that the arbitration commission decides to accept.

4. Arbitration hearing: The arbitral tribunal shall notify the parties in writing of the date and place of the arbitration tribunal five days in advance; If the parties have a legitimate reason, they may request an extension three days in advance.

Legal basis] Article 29 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration, 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: The process of applying for labor arbitration is as follows: 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.

Legal basis: Article 28 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 28 The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents.

Legal Analysis: The process of applying for labor arbitration is:

1. Application for arbitration.

II. Acceptance of Arbitration: The BAC shall make a decision on whether to accept or disapprove the application for arbitration within five days from the date of receipt of the 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 both parties in writing of the date and place of the hearing five days before the date of the Arbitral Tribunal. 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 applicant shall be automatically withdrawn from the hearing and may make a default award against the respondent.

4. Arbitration and mediation: The arbitral tribunal shall first inform the mediation of 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.

Legal basis: Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes The following labor disputes arise 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.

The labor arbitration process is as follows:

1. Fill out the application form for Sun Judge of Nakayama. However, it is necessary to apply for arbitration and submit an arbitration statement after the dispute arises, and it will be invalid if the time limit is exceeded;

2. The decision shall be made by the Arbitration Commission. The arbitration commission shall make a decision on whether to accept the complaint within five days from the date of receipt of the claim;

3 When a decision is made, the parties will be notified, whether they agree or not. If it agrees to accept the application, the arbitral tribunal will notify it in writing five days in advance;

4 ** Trial. The parties make a clear request and make a defense, the relevant staff investigates the facts, and both parties can present evidence, debate, and statement;

5. Mediation; The arbitral tribunal shall conduct mediation between the parties on the acceptance of the case;

6 If mediation fails, the liability of the parties will be decided on a case-by-case basis.

Contract disputes and other disputes over property rights and interests between citizens, legal persons and other organizations that are equal subjects of arbitration may be arbitrated and is a way to resolve disputes.

Article 21 of the Arbitration Law of the People's Republic of China.

Conditions for applying for arbitration] The parties applying for arbitration negotiations shall meet the following conditions:

a) there is an arbitration agreement;

2) There is a specific arbitration request and facts and reasons for the chain;

3) It is within the scope of acceptance by the Arbitration Commission.

Legal Analysis: Procedures for Labor Arbitration: 1. If the parties propose arbitration, Sui Feng shall submit a written application to the Arbitration Commission within one year from the date of occurrence of the labor dispute; 2. The Arbitration Commission shall make a decision on whether to accept or not to accept the complaint within five days from the date of receipt of the complaint; 3. The Arbitral Tribunal shall, five days ago, serve a written notice of the time and place on the parties.

Legal basis: Labor Dispute Mediation and Arbitration Law of the People's Republic of China 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 person does not wish to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he 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.

Legal analysis: The process of applying for labor arbitration is as follows: 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, quiet debate, statement; 5. Mediation; 6. If mediation fails, the verdict will be made.

Legal basis: "Labor Dispute Mediation and Arbitration Law of the People's Republic of China" Article 28 The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents.