Meet the conditions for labor arbitration, and what conditions can be met for labor arbitration

Legal Analysis: The conditions for applying for labor arbitration are as follows:

1. It is within the scope of labor arbitration, and disputes arising from the confirmation of labor relations can be applied for labor arbitration;

2. Submit a statement of application for arbitration. The Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes stipulates that the following labor disputes between employers and employees within the territory of the People's Republic of China shall be governed by this Law: disputes arising from the confirmation of labor relations; Disputes arising from the conclusion, performance, modification, rescission and termination of employment contracts.

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 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.

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 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 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 conditions for applying for labor arbitration are as follows:

1. It is within the scope of labor arbitration, and disputes arising from the confirmation of labor relations can be applied for labor arbitration;

2. Submit a statement of application for arbitration. The Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes stipulates that the following labor disputes between employers and workers within the territory of the People's Republic of China shall be subject to this Law: disputes arising from the confirmation of labor relations; Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts.

1. How to deal with the company's oral agreement on non-payment of commissions.

In the event that the company does not pay the commission in an oral agreement, the employee can apply for labor arbitration, because the commission issue is a dispute over labor remuneration in a labor dispute, and a dispute over labor remuneration falls within the scope of labor arbitration. Resolve labor disputes and safeguard the legitimate rights and interests of the parties to labor disputes in accordance with the law. After the labor arbitration, if the applicant is not satisfied with the arbitral award, he or she may appeal to the court.

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 and resignation;

4. Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;

5. Disputes arising from labor remuneration, work-related injury medical expenses, economic compensation or compensation, etc.;

6. Other labor disputes stipulated by laws and regulations.

2. Whether the termination of the labor contract is a labor dispute.

The Labor Dispute Mediation and Arbitration Law stipulates that disputes between employers and employees within the territory of the People's Republic of China arising from the confirmation, conclusion, performance, modification, dissolution and termination of labor contracts, labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, dismissal, resignation, resignation, etc., are all labor disputes.

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 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.

1. Legal basis.

Labor Law of the People's Republic of China, Labor Contract Law of the People's Republic of China, Labor Dispute Mediation and Arbitration Law of the People's Republic of China.

II. Scope of Acceptance.

Labor disputes between enterprises, individual economic organizations, private non-enterprise units and recruited workers within the jurisdiction of the city; Labor disputes between state organs, public institutions, social organizations and workers who have established labor relations.

III. Matters to be accepted.

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 2 of the Labor Mediation and Arbitration Law, 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 and resignation;

4. Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;

5. Disputes arising from labor remuneration, work-related injury medical expenses, economic compensation or compensation, etc.;

6. Other labor disputes stipulated by laws and regulations.

The above provisions are for reference.

The conditions for applying for labor arbitration are:

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

1. What are the conditions for labor arbitration?

1. The conditions for labor arbitration are as follows:

1) Disputes arising from the dismissal, dismissal, dismissal of employees, and resignation or voluntary resignation of employees;

2) Disputes arising from the implementation of national regulations on wages, bonuses, insurance, benefits, training, and labor protection;

3) Disputes arising from the performance of labor contracts, including disputes arising from the execution, modification, termination, or termination of labor contracts;

4) Disputes arising after the employee and the employer have not concluded a written labor contract, but a de facto labor relationship has been formed;

5) Other labor disputes stipulated by laws and regulations.

2. Legal basis: Article 4 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes.

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.

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate without friction, 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 the arbitral award, he or she may file a lawsuit with the people's court of Qiqi, except as otherwise provided by this Law.

2. What is the process of applying for labor arbitration?

The process of applying for labor arbitration is as follows:

1. If the parties propose arbitration, they 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.