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The arbitrator will help you change it.
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Legal analysis: 1. Basic information of the parties. Indicate the basic information of the applicant and the respondent, such as:
If the applicant is an employee, the name, gender, age, occupation, work unit, residence, mailing address and contact number shall be stated, and the respondent shall indicate the name, address, mailing address, contact number of the employer and the name and position of the legal representative or the main person in charge; If the applicant is an employer, the basic format is the same as above. 2. Litigation claims. Matters claimed according to one's actual situation, such as double wages for unsigned labor contracts, economic compensation, compensation for illegal termination, overtime pay, arrears of wages, etc.
3. Facts and reasons. Generally, the employee's entry time, position, monthly salary, and the reason for the labor dispute should be concisely stated. In general, facts and reasons should be concise and do not need to be repeated.
4. Concluding remarks and the object of the submission. "I hereby submit an application to your committee for a ruling in accordance with the law", "I hereby address the County (City) Labor Dispute Arbitration Commission", etc. 5. Finally, the name and date of the applicant should be stated, and it should be noted that the name of the applicant at the settlement office needs to be signed by the applicant.
6. At least one piece of evidence proving the existence of labor relations between the two parties should be attached, and if it is a witness testimony, the name and address of the witness and a copy of his ID card shall be provided.
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.
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 facts and reasons for the arbitration claim and the basis of the lease;
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.
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Article 42 of the Labor Dispute Mediation and Arbitration Law provides that the arbitral tribunal shall first mediate before making an award. If an agreement is reached through mediation, the arbitral tribunal shall prepare a mediation document. The conciliation statement shall state the request for arbitration and the outcome of the agreement between the parties.
The mediation statement shall be signed by the arbitrator, stamped with the seal of the Labor Dispute Arbitration Commission, and served on both parties. The mediation statement shall take legal effect after being signed and received by both parties. If the mediation fails or one of the parties repents before the mediation statement is served, the arbitral tribunal shall make an award in a timely manner.
Article 51: The parties shall perform on legally effective mediation documents and awards in accordance with the prescribed time limits. If one party fails to perform within the time limit, the other party may apply to the people's court for enforcement in accordance with the relevant provisions of the Civil Procedure Law. The people's court accepting the application shall enforce it in accordance with law.
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In labor arbitration, the claimant can change the arbitration claim. The claimant may file a request for addition or modification of arbitration before the expiration of the time limit for presenting evidence; However, if the arbitral tribunal finds that it should be accepted after examination, it shall notify the respondent and grant a time limit for reply, unless the respondent expressly waives the time limit for reply.
Article 45 of the Rules for the Handling of Arbitration Cases by the Department of Labor and Personnel Disputes shall be concluded within 45 days from the date on which the arbitration application is accepted by the Arbitration Commission. If the case is complicated and requires an extension, the extension may be granted with the written approval of the chairman of the arbitration commission or the person in charge of the arbitration court entrusted by the chairman of the arbitration commission and the person in charge of the arbitration court entrusted by the arbitration commission, but the extension period shall not exceed 15 days. Article 44 of the Rules for the Handling of Labor and Personnel Dispute Arbitration provides that the applicant may submit a request for addition or modification of arbitration before the expiration of the time limit for giving evidence; If the arbitral tribunal finds that the arbitration claim should be accepted after examining the additional or modified arbitration claim of the claimant, it shall notify the respondent and grant a time limit for reply, unless the respondent expressly waives the time limit for reply.
If the claimant submits a request for addition or modification of arbitration after the expiration of the time limit for presenting evidence, it shall apply for arbitration separately.
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In the real society, labor disputes are prone to occur in many cases, and if labor disputes cannot be resolved, you can apply for labor arbitration. The following is an answer for the reader.
1. Can the labor arbitration application be changed?
After the labor arbitration application is submitted, it may propose to add or change the content of the arbitration request before the expiration of the time limit for presenting evidence; Where an additional or modification of the arbitration request is made after the expiration of the time limit for presenting evidence, it shall be submitted separately and handled in a separate case.
If it is only a factual amendment, it can be corrected directly at the time of **, and there is no need to apply for it separately.
Rules for Handling Arbitration of Labor and Personnel Disputes
Article 44 The claimant may submit an additional or altered arbitration request before the expiration of the time limit for presenting evidence; If the arbitral tribunal finds that the arbitration claim should be accepted after examining the additional or modified arbitration claim of the claimant, it shall notify the respondent and grant a time limit for reply, unless the respondent expressly waives the time limit for reply.
If the claimant submits a request for addition or modification of arbitration after the expiration of the time limit for presenting evidence, it shall separately apply for arbitration.
2. How to apply for arbitration in a labor dispute
1. Adjust first and then sue later.
The Law of the People's Republic of China on Labor Dispute Mediation and Arbitration stipulates that in the event of a labor dispute, if both 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.
2. There is no fee for arbitration.
According to the regulations, labor arbitration is free of charge. Therefore, there is no need to stop defending your rights because you cannot afford to pay the arbitration fee.
3. Provide evidence.
In the event of a labor dispute, the employee has the responsibility to provide evidence for his claim. Proof of the existence of an employment relationship between the employee and the employer. Such as labor contracts, passes, work cards, pay stubs, etc.
If the evidence related to the disputed matter is in the possession and management of the employer, the employer shall provide it, and if it fails to do so, the employer will bear the adverse consequences of not providing evidence.
4. Statute of limitations for applying for arbitration.
The statute of limitations for applying for arbitration of labor disputes has been extended to one year. The limitation period for arbitration is calculated from the date on which the employee knew or should have known that his rights had been infringed.
The above is the content of the collation, according to the provisions of the labor arbitration application can be changed, if it is only a factual modification, it can be directly proposed, if it is a change request, then it is a separate application, and there is no charge for applying for labor arbitration. If you have any questions, you can consult a lawyer.
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