Can a self employed chain apply for arbitration if it has not established a company? 60

Updated on society 2024-05-01
3 answers
  1. Anonymous users2024-02-08

    If you are applying for labor arbitration, you will need the following information:

    1. Application for arbitration.

    The application for arbitration shall contain the following matters: the name, gender, age, occupation, work unit, domicile, mailing address and contact number of the employee, the name, address, mailing address and contact number of the employer, and the name and position of the legal representative or principal responsible person; the claim for arbitration and the facts and reasons on which it is based; Evidence and Evidence**, Witness Names and Residences.

    A copy of the Statement of Claim shall be submitted in accordance with the number of respondents and shall be signed by the claimant himself.

    2. Proof of identity.

    If the applicant is a worker, the ID card shall be submitted; If the applicant is an employer, it shall submit its business license or organization ** certificate and the identity certificate of the legal representative or the main person in charge, which shall be stamped with the official seal; If the person entrusts the person to apply on behalf of the client, in addition to submitting the above materials, a power of attorney must also be submitted, which shall indicate the matters entrusted and the authority of the entrustment, and shall be signed and sealed by the principal and the entrusted person.

    At the same time, the individual region should also provide the identity information of the respondent. If the respondent is a natural person, a copy of the ID card shall be provided. If the respondent is self-employed, it is necessary to submit a business license, if it cannot be obtained, it can go to the national enterprise information publicity system to print the page of publicity, in addition, the operator of the individual industrial and commercial household can be listed as the common respondent, and the identity information needs to be provided.

    3. Evidentiary materials.

    Proof of the existence of a labor or employment relationship between the applicant and the respondent. Supporting materials include: labor or employment contract, work permit, salary schedule, employment registration form, and notice or certificate of termination or termination of labor or employment relationship.

    If you want to apply for commercial arbitration, because the requirements of each arbitration institution are different, it is recommended to go to the arbitration institution to find out in advance.

  2. Anonymous users2024-02-07

    Legal analysis: Labor arbitration can be applied for, as long as the labor dispute caused by labor remuneration falls within the scope of labor 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 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 21 The Labor Dispute Arbitration Commission shall be responsible for the jurisdiction and judgment of labor disputes occurring in the region.

    Labor disputes shall be under the jurisdiction of the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located. If both parties apply for arbitration to the labor dispute arbitration commission at the place where the labor contract is performed and the place where the employer is located, the labor dispute arbitration commission at the place where the labor contract is performed shall have jurisdiction.

    Article 27 Paragraph 1 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.

  3. Anonymous users2024-02-06

    Legal analysis: Yes, disputes involving labor remuneration can be applied for arbitration. 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.

    The petition should be filled out with a pen in duplicate and should state the time, facts and reasons for the dispute. And indicate the date of filling, my mailing address, handwriting imitation banquet, concise text. The parties may apply for labor dispute mediation in writing or orally.

    Where an oral application is made, the mediation organization shall record the applicant's basic information, the disputed matters for which the mediation is being applied, the reasons and the time on the spot.

    Legal basis: Labor Law of the People's Republic of China Article 3 Workers enjoy the right to equal employment and choice of occupation, the right to receive labor remuneration, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights provided by law. Those who are slow to work shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.

    Labor Contract Law of the People's Republic of China Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

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