The issue of legal enforcement after labor arbitration Please don t laugh

It is necessary to wait for the documents to be sent to the Executive Office, then collegiately, and then send an executive to ,..The landlord's idea is really simple, and there are solutions, you can find a group of people to block the door with the verdict and ask for money.

If you don't give it, you won't let it go.

The new Civil Procedure Law stipulates the time limit for enforcement as follows.

Article 215: The period for applying for enforcement is two years. Where an application is made for the suspension or interruption of the statute of limitations, the provisions on the suspension or interruption of the statute of limitations shall be applied in accordance with the law.

The period provided for in the preceding paragraph is calculated from the last day of the period for performance provided for in the legal document; Where the legal documents provide for performance in installments, it is calculated from the last day of the period for each performance provided; Where the legal document does not provide for a period of performance, it is calculated from the date on which the legal document takes effect.

In the process of enforcement, you can settle on your own, and the execution of the settlement agreement shall be deemed to have been fulfilled in the original trial. If a settlement cannot be reached, apply for enforcement.

Dizzy, 15 days have passed, how to apply for enforcement! Dizzy, you can only negotiate with the company! If the other party refuses to enforce it, you will have to file a lawsuit again!

1. First of all, you go to the arbitral tribunal to get the "certificate of service" to see if he has filed a lawsuit within 15 days

2. If there is no lawsuit, the proof of service and the award shall be brought to the court for filing.

The rest is only to urge the court to give you before.

If it is enforced, it should be enforced by the courts, and you cannot enforce it yourself.

Legal Analysis: Labor arbitration refers to the mediation and adjudication of labor disputes by the labor dispute arbitration commission on the arbitration of the parties. In China, labor arbitration is a necessary procedure for parties to a labor dispute to file a lawsuit in the people's court.

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: negotiation, mediation, arbitration, litigation. Within the position of Shan Qingxian, a labor dispute mediation committee may be established.

The Labor Dispute Mediation Committee is composed of employee representatives, employer representatives and trade union representatives. The chairman of the labor dispute mediation committee shall be a representative of the trade union.

Legal basis: Labor Law of the People's Republic of China

Article 77 In the event of a labor dispute between an employer and a worker, the parties concerned may apply for mediation, arbitration, or file a lawsuit in accordance with law, or may resolve it through negotiation.

The principles of conciliation apply to both arbitration and litigation proceedings.

Article 78 In the settlement of labor disputes, the lawful rights and interests of the parties to the labor dispute shall be safeguarded in accordance with the principles of legality, fairness and timely handling.

Article 79 After a labor dispute has arisen, the parties may apply to the labor dispute mediation committee of their unit for mediation and if the dispute cannot be resolved, and if one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Article 80 A labor dispute mediation committee may be established within an employer. The Labor Dispute Mediation Committee is composed of employee representatives, representatives of Bilao employers and representatives of trade unions. The chairman of the labor dispute mediation committee shall be a representative of the trade union.

If an agreement is reached through mediation in a labor dispute, the parties shall perform it.

Labor dispute arbitration refers to a legal system in which the labor dispute arbitration commission makes a judgment on the facts of a labor dispute and makes a ruling on rights and obligations in accordance with the law according to the application of the parties. It can promote harmonious and stable labor relations. In addition to complying with the basic principles for handling labor disputes stipulated in the Labor Law, labor dispute arbitration commissions shall also abide by the following special principles when arbitrating labor disputes:

1) The principle of pre-mediation That is, the arbitration commission or the arbitral tribunal shall first conduct mediation before making an award, and generally shall not make an award without mediation. Advance mediation is a necessary procedure for arbitration, but if the parties refuse to mediate or the mediation is invalid, the ruling shall be made in a timely manner.

2) The principle of recusal. It means that if the members of the arbitration commission are in chaos or the arbitrator considers that it is inappropriate to participate in the hearing of the case if the arbitrator believes that he or she has the statutory recusal situation when arbitrating a labor dispute case, or if the parties believe that the arbitrator has the statutory recusal circumstance, which may affect the fair award, they can automatically or apply for recusal. (3) The principle that the minority obeys the majority.

Both the Arbitration Commission and the Arbitral Tribunal shall be composed of three or more odd members. In order to ensure the objectivity and impartiality of the award, Article 1 of the Regulations on the Settlement of Labor Disputes in Enterprises stipulates that the Labor Dispute Arbitration Commission and the Labor Dispute Arbitration Tribunal shall handle labor dispute cases and make arbitral awards in accordance with the principle of minority obeying the majority.

4) The principle of one-time adjudication. It means that the award of any level of labor dispute arbitration commission is final, and if the parties are dissatisfied with the award, they cannot apply for arbitration again to the arbitration commission at the next higher level, and can only file a lawsuit with the people's court within the prescribed time limit. The implementation of the principle of one adjudication can resolve labor disputes in a timely manner.

Article 48 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes If a worker is dissatisfied with an arbitral award provided for in Article 47 of this Law, he may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. Article 50 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes If a party refuses to accept an arbitral award in a labor dispute case other than that provided for in Article 47 of this Law, it may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award; Where no prosecution is made at the expiration of the time limit, the ruling takes legal effect.

You should be talking about labor arbitration as a pre-procedure, right? In China, labor dispute cases must go through labor arbitration, and those who are dissatisfied with the arbitration award can file a lawsuit in the local court.

There is no such thing as compulsory labor arbitration, what you should say is labor arbitration enforcement, that is, after the labor arbitration is over, the other party does not sue and the enforcement period has passed, or the other party sues and finally loses the lawsuit, and then after the enforcement period has also passed, you can apply to the court to enforce the arbitration result, and then you wait for the news that the court will let you get the money.

If you don't want to mediate, you have to go, and if you can't mediate, you have to arbitrate. Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 42 The Arbitral Tribunal shall mediate before making an award.

If an agreement is reached through mediation, the arbitral tribunal shall prepare a mediation statement.

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.