What are the conditions for applying for labor arbitration?

The conditions for applying for labor arbitration are as follows: 1. The claimant and the respondent are both parties to a labor dispute arbitration case related to the case; 2. Submit an application for arbitration within the limitation period for arbitration; 3. The applicant's request and reasons are detailed and specific; 4. The case falls within the scope of acceptance by the Labor Dispute Arbitration Commission.

[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 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. Article 22 The laborer and the employer in the event of a labor dispute shall be the parties to the labor dispute arbitration case.

In the event of a labor dispute between a labor dispatch unit or an employing unit and a worker, the labor dispatch unit and the employing unit shall be joint parties. 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.

Legal analysis: The conditions for applying for labor arbitration are as follows: both parties may apply for arbitration in the event of a dispute between the employer and the employee over the rights, obligations and issues related to labor. If the parties are employees of joint ventures, joint ventures between China and foreign countries, and wholly foreign-owned enterprises, and labor disputes arise, they should apply to the labor dispute arbitration commission for arbitration.

Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes 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 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.

1. Both parties may apply for arbitration for disputes arising from labor-related rights, obligations and issues between the employer and its employees.

2. If the parties are municipal joint ventures, Sino-foreign joint ventures and wholly foreign-owned enterprises or their employees, labor disputes shall be applied to the Beijing Labor Dispute Arbitration Commission for arbitration.

3. Labor disputes between the parties and state-owned, collective, individual, joint-venture, joint-stock and township enterprises, or between government agencies, public institutions, mass organizations and workers who have formed labor relations with them, shall apply for arbitration to the labor dispute arbitration commission of the district or county where the unit is located.

4. The labor arbitration department accepts the following labor disputes: disputes arising from the dismissal, dismissal, dismissal of employees, resignation and voluntary resignation of employees; Disputes over the implementation of national regulations on wages, insurance, welfare, training, and labor protection; Disputes arising from the performance of employment contracts; Other labor disputes stipulated by national laws and regulations.

5. The parties applying for arbitration shall collect, fill in and submit the application form to the labor arbitration department within 60 days from the date of occurrence of the labor dispute.

6. The statement of appeal should be made in duplicate, stating the time, facts and reasons for the dispute. and indicate the date of completion.

[Legal basis].

Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes stipulates that 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.

1: Your pay stub, work permit, labor contract termination letter, etc. at the place where you work!

2: A copy of your ID card.

3；You go to the labor arbitration office to get the ** and fill it out.

4: You go to your administrative center and ask the staff there to help you print out the machine-readable file of the company you want to sue

5: The above information should be submitted in triplicate, two copies should be submitted to the arbitration office, and the original copy should be left!

According to the relevant laws and regulations, as long as the conditions fall under the circumstances prescribed by the law for applying for labor arbitration, the applicant may apply for labor arbitration.

The relevant laws and regulations stipulate the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

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 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.