Can anyone share some labor arbitration tribunal argument skills?

Legal Analysis: Labor Arbitration** Defense Skills: 1. According to Article 63, audio recordings are audio-visual materials, which can be used as evidence after verification.

2. What the leader of the unit said was not a confidential incident, and the recording was not at fault. Such recordings are protected by law. 3. The key is to say that you "spread it privately, causing a serious and bad impact" You can consider whether you have these behaviors yourself.

How serious it is. The unit should provide evidence that "you spread it privately, causing a serious and bad impact". 4. The rest of the problems are easy to solve.

You are the applicant, not the respondent, and you cannot use the word "defense". 5. The recording should be made into a VCD and submitted to the arbitral tribunal.

Legal basis: Article 63 of the Civil Procedure Law Evidence includes: (1) the statements of the parties; (2) documentary evidence; (3) Physical evidence; (4) audio-visual materials; (5) Electronic data; (6) Witness testimony; (7) Appraisal opinions; (8) Inquest records.

Evidence must be verified to be true before it can be used as a basis for determining facts.

Article 21 of the New Interpretation of the Regulations on Labor Security Supervision An employer shall be liable for compensation in accordance with the law if it violates labor security laws, regulations or rules and causes damage to the employee. If a dispute arises between an employee and an employer over compensation, it shall be handled in accordance with the provisions of the State on the settlement of labor disputes. Matters that should be resolved through the labor dispute settlement procedures, or matters that have been applied for mediation or arbitration in accordance with the labor dispute settlement procedures, or have been litigated.

The administrative department for labor and social security shall inform the complainant to handle the matter in accordance with the procedures for handling labor disputes or litigation.

The defense skills of the applicant are as follows:

1. Go to the arbitral tribunal once in advance to observe the arbitration and familiarize yourself with the links of arbitration;

2. Maintain a peaceful mind, and prepare the materials and psychology for filling the mold and destroying the scores;

3. Be patient and confident, and rely on the law to protect your legal rights.

Labor arbitration refers to the arbitration and adjudication of labor disputes by the labor dispute arbitration commission on the parties' application for arbitration, and labor arbitration is a necessary procedure for the parties to labor disputes to file a lawsuit with the people's court.

Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 43.

The arbitral tribunal's decision on a labor dispute case shall be concluded within 45 days from the date on which the labor dispute arbitration commission accepts the arbitration application. If the case is complicated and requires an extension, it may be extended with the approval of the chairman of the labor dispute arbitration commission and the parties may be notified in writing, but the extension period shall not exceed 15 days. If the arbitral award is not made within the time limit, the parties may file a lawsuit with the people's court on the labor dispute.

When the arbitral tribunal decides a labor dispute case, a part of the facts is already clear and it may make a preliminary decision on that part.

1. The respondent of labor arbitration shall submit a statement of defence to the arbitration commission within the time limit specified in the arbitration rules, and if the respondent fails to submit a statement of defence, it shall not affect the conduct of the arbitration proceedings. In other words, if the respondent fails to submit a statement of defense, it may be unfavorable to the outcome of its own arbitration.

2. According to Article 25 of the Arbitration Law of the People's Republic of China, after accepting the arbitration application, the arbitration commission shall serve the arbitration rules and the panel of arbitrators on the claimant within the time limit specified in the arbitration rules, and serve a copy of the arbitration application and the arbitration rules and the panel of arbitrators on the respondent.

3. After receiving a copy of the application for arbitration, the respondent shall submit a statement of defence to the arbitration commission within the time limit specified in the arbitration rules. Upon receipt of the Statement of Defence, the Arbitration Commission shall, within the time limit specified in the Arbitration Rules, serve a copy of the Statement of Defence on the Claimant. If the respondent fails to submit a statement of defence, it shall not affect the conduct of the arbitration proceedings.

1. What is the process of labor arbitration hearing?

1) Statements of the parties.

2) Witnesses testify and read out the testimony of witnesses who did not appear in court.

3) Presentation of documentary evidence, physical evidence and audio-visual materials.

4) Read out the appraisal conclusion. Where the parties have opinions on the appraisal conclusions, they have the right to apply for a new appraisal. In addition, it should also be noted that if the appraiser appears in person, the parties and their ** persons may ask questions to the appraiser with the permission of the arbitral tribunal.

5) Read out the inquest record. It is up to the arbitral tribunal to decide whether or not to allow it.

2. How to deal with the dissatisfaction with the bad award of the arbitration state?

After the labor dispute arbitration commission makes an arbitral award, if the parties are dissatisfied with some of the matters in the award and file a lawsuit with the people's court in accordance with the law, the labor dispute arbitration award shall not take legal effect.

If some of the workers are dissatisfied with the arbitration award and file a lawsuit with the people's court in accordance with the law, the arbitration award shall not have legal effect on the workers who filed the lawsuit; For some workers who have not filed a lawsuit, it will take legal effect, and if the workers who have not filed a lawsuit apply for enforcement, the people's court shall accept it.

No matter what kind of labor dispute it is, if the parties apply to the labor arbitration commission to deal with it, they need to make a decision within the specified time, and once the dispute drags on for a long time, it will inevitably cause more damage. According to the provisions of the law, the award of labor arbitration shall generally be made within 45 days from the date of acceptance of the arbitration application.

For those who have not participated in the trial, it is inevitable that they will be a little nervous to participate in the first time, so let's talk a little about the precautions and debate skills of labor arbitration; 1. First of all, pay attention to the following provisions of the defense period. Generally, the respondent has a 15-day defense period from the date of receipt of the application and evidence, and if the other party presents evidence in court, and the respondent cannot confirm the content of the evidence in court, it may request a defense period, and make a reply after detailed verification after the trial; 2. When making a defense, the defense shall focus on the facts and evidence asserted by the other party, including whether the facts or reasons on which the applicant is based to sue are established; Whether there is a request from the applicantLegal basiswhether it complies with the law; the sufficiency of the evidence on which the request is based; whether the respondent is responsible for the case or the extent of the liability of the parties.

NatatoLegal basis

Article 2 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China 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 over labor compensation, work-related injury medical expenses, economic compensation or compensation, etc.; (6) Other labor disputes as provided for by laws and regulations.

First of all, pay attention to the following provisions of the defence period. Generally, the respondent has a 15-day defense period from the date of receipt of the application and evidence, and if the other party presents evidence in court, and the respondent cannot confirm the content of the evidence in court, it may request a defense period, and make a reply after detailed verification after the trial;

Legal analysisFirst of all, pay attention to the following provisions of the defence period. Generally, the respondent is entitled to a 15-day defense period from the date of receipt of the application and evidence, and if the other party presents evidence in court, and the applicant is unable to confirm the content of the evidence in court, he may request a defense period, and then make a reply after detailed verification after the trial; When making a defense, the facts and evidence asserted by the other party shall be explained, including whether the facts or reasons on which the applicant is based to sue are established; Whether there is a request from the applicantLegal basiswhether it complies with the law; the sufficiency of the evidence on which the request is based; whether the respondent is responsible for the case or the extent of the parties' responsibility. There is no need to repeat the part that has already been explained, and the views and bases emphasized by the party can be repeated many times to deepen the impression of the arbitral tribunal.

The above are just some of the usual contents, and they need to be handled flexibly according to the specific circumstances of the case and the trial situation. According to the relevant laws, audio recordings are audiovisual materials that can be used as evidence after verification. What the unit leader said was not a confidential incident, and there was no fault in the recording.

Such recordings are protected by law. The point is to say that you "spread it privately and cause serious, bad effects" and you can consider whether or not you have these behaviors. How serious it is.

The unit should provide evidence that "you spread it privately, causing a serious and bad impact". The rest of the problems are easy to solve. If you are an applicant, not a respondent, you cannot use the word "defense".

The recording should be made into a VCD and submitted to the arbitral tribunal.

Legal basisLaw 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.