Regarding this labor arbitration, how will it be decided, please answer the expert

1. In accordance with the provisions of Article 38 of the Labor Contract Law, if the employer fails to pay wages in full and in a timely manner, the employee may request to terminate the labor contract.

2. It is the legal obligation of the unit to pay wages.

3. In accordance with the provisions of Article 46 of the Labor Contract Law, if the employee terminates the labor contract in accordance with the provisions of Article 38, he may request the employer to pay economic compensation.

4. In accordance with the provisions of the Social Insurance Law, the unit has the obligation to go through the procedures for the transfer of social insurance relations.

Taken together, all of these requests can be supported. If the arbitration commission arbitrarily makes a ruling, it may file a lawsuit with the people's court.

It is possible to have an employment contract for labor arbitration. As long as it can be proved that there is an employment relationship, it is sufficient.

Article 28 of the Labor Dispute Mediation and Arbitration Law shall submit a written application for arbitration and submit a copy according to the number of respondents. The application for arbitration shall contain the following matters: (1) the name, gender, age, occupation, place of work 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 claim for arbitration and the facts and reasons on which it is based; (3) Evidence and evidence**, names and addresses of witnesses.

If it is truly difficult to write an arbitration application, the application may be made orally, and the Labor Dispute Arbitration Committee shall record it in the record and inform the other party.

If the arbitration commission does not accept the case, the employee has the right to file a lawsuit directly with the court. Labor dispute cases have a pre-procedure, that is, first apply to the local labor dispute arbitration committee for arbitration. If the applicant is not satisfied with the arbitration result, he or she may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitration letter (in the case of a final award, the employer cannot sue, but can only appeal).

If no lawsuit is filed for more than 15 days, the arbitration document shall take legal effect and be equivalent to the court judgment. Article 29 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration provides that if the labor dispute arbitration commission is not accepted or a decision is not made within the time limit, the applicant may file a lawsuit with the people's court on the labor dispute matter.

Article 51 of the Civil Procedure Law of the People's Republic of China: Plaintiffs may abandon or modify litigation claims. The defendant may admit or refute the claim and have the right to file a counterclaim. 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 as provided for in Article 47 of this Law, he or she 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 is dissatisfied with 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; If Liang Man does not prosecute, the ruling takes legal effect.

1. As long as it is an enterprise, individual economic organization, private non-enterprise unit and other organizations within the territory of the People's Republic of China, as well as a partnership organization such as an accounting firm and a law firm established in accordance with the law, it is an employer under the Labor Contract Law. The conclusion, performance, modification, dissolution or termination of labor contracts by state organs, public institutions, social organizations and workers who have established labor relations with them shall be executed in accordance with the Labor Contract Law; If the company pays labor to the appellant employer and receives labor remuneration on a monthly basis, there is a de facto employment relationship regardless of whether the two parties have signed a written labor contract;

2. The employment relationship refers to the relationship of rights and obligations formed by the employee providing labor services to the employer, and the employer paying the corresponding remuneration. For example, a nanny is an employment relationship, not a labor relationship, because there is no subject of labor relations - the employer;

3. The employer is satisfied and files a lawsuit to request the court to determine that it is an employment relationship, not to change the determination of the employment relationship, but to deliberately consume time in an attempt to make the employee retreat from the situation;

4. Legal basis: Labor Contract Law

Article 1 This Law is enacted for the purpose of improving the labor contract system, clarifying the rights and obligations of both parties to the labor contract, protecting the legitimate rights and interests of workers, and building and developing harmonious and stable labor relations.

Article 2 This Law shall apply to enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China (hereinafter referred to as "employers") that establish labor relations with workers and conclude, perform, modify, dissolve or terminate labor contracts.

The conclusion, performance, modification, dissolution or termination of labor contracts by state organs, public institutions, social organizations and workers with whom they have established labor relations shall be executed in accordance with this Law.

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.

Regulations for the Implementation of the Labor Contract Law of the People's Republic of China

Article 3 Accounting firms, law firms and other partnership organizations and associations established in accordance with the law belong to the employers stipulated in the Labor Contract Law.

Do not worry!

In such a case, the court will not revoke the award of the arbitration commission!

The unit is just stalling for time!

The crux of this matter is whether the Employment Contract Law is applicable to you. The employer is a legal company, so you are not an employment relationship, but a de facto employment relationship. Your relationship is protected by the Employment Contract Law, so the laws you listed above apply.

Put it mdp, the idea of the dog-headed military. What a mess. Look at these bosses. It's simply outlierative.

I think it's unlikely. Either there is no employment contract or an employment relationship rather than a labor relationship, and the employment relationship is generally an agreement between individuals and individuals, such as hiring a nanny for my family, or finding a worker to help me build a house. However, the employment agreement between the company and the employee is an employment relationship, and even if there is no employment contract, it can be recognized as a de facto employment relationship and is also protected by law.

According to the Labor Contract Law, if there is no written labor contract with the employee, double the salary shall be paid.

No, this reason is far-fetched.

Legal analysis: 1. If the mediation fails after the trial, the legal document made in accordance with the law is called the labor arbitration award, not the judgment, and the labor arbitration trial period is 45 days, and if the case is complicated and approved by the chairman of the labor arbitration commission, it can be extended for 15 days; 2. The legal documents issued by the labor arbitrator are called awards, and after the court hears them, the judges shall issue legal documents that are called judgments;

Legal basis: Article 43 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 43 The arbitral tribunal shall conclude its decision on a labor dispute case within 45 days from the date of acceptance of the arbitration application by the labor dispute arbitration commission. 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 person concerned 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. The labor arbitration shall be concluded within 45 days from the date of filing, and if the case is complicated, it may be extended for 15 days with the approval of the chairman of the labor dispute arbitration commission; As for how long it takes for a judgment to be issued, the law does not stipulate it;

In practice, it is common for the parties to some labor dispute cases to disagree with some of the matters in the Zhongchen Model Ruling Award made by the labor dispute arbitration commission, and file a lawsuit with the people's court on some of the disputed matters. The first opinion holds that, according to the basic principle of "no prosecution and no reason" in civil litigation, the judgment of the people's court shall be bound by the scope of the parties' lawsuits, and the people's courts cannot make rulings on matters other than the parties' litigation claims. The second opinion holds that, due to the special nature of labor dispute litigation cases, if a party only objects to part of the content of the arbitral award and files a lawsuit, the people's court shall handle all the matters involved in the award together.

The reasons for this are: 1. The labor dispute arbitration award does not take legal effect due to the lawsuit filed by the parties. Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases stipulates that: "If a party is dissatisfied with some of the matters in the award after the labor dispute arbitration commission has made an arbitral award, and files a lawsuit with the people's court in accordance with the law, the labor dispute arbitration award shall not take legal effect."

In other words, regardless of whether the parties are dissatisfied with the award as a whole or with some of the matters, once the parties file a lawsuit, the labor dispute arbitration award will not be effective at all.

2. The "Reply of the Supreme People's Court to the Letter of the Ministry of Labor on Several Issues Concerning the Trial of Labor Dispute Cases by the People's Courts" stipulates that the judgment, ruling, or mediation document shall not contain any content to revoke or uphold the arbitration decision.

3. According to the above two provisions, the labor dispute arbitration award shall not take legal effect due to the lawsuit filed by the parties, and the court shall not uphold the arbitration award for matters other than the dispute. If the court does not deal with all the matters involved in the labor dispute arbitration award, the substantive rights and obligations between the parties cannot be determined. As a result, the dispute between the two parties falls into a "strange circle", and the dispute cannot be resolved.

The third opinion is that in a labor dispute case, the arbitral award is not effective because one of the parties sues only on part of the arbitral award. In such a case, the court shall explain to the parties that it may submit a request to the people's court for the part that has not been submitted to be handled together. If, after the interpretation, the parties insist on not proposing to handle all the matters of the award together, the court will only handle the part of the litigation filed by the parties; If, after interpretation, the parties propose to dispose of the entire arbitral award together, it shall be dealt with together.

It is recommended that the Supreme People's Court clarify this issue when revising the judicial interpretation of labor dispute cases.

Summary. Legal basis: Article 34 of the Rules for Handling Cases of Labor Dispute Arbitration Commissions stipulates that "if the chairmen of the arbitration commissions at all levels find that there is indeed an error in the legally effective award of the commission and need to re-handle it, they shall submit it to the arbitration commission for decision."

If the dispute is decided to be rehandled, the arbitration commission shall decide to terminate the enforcement of the original award. The arbitration decision shall be signed by the chairman of the arbitration commission and affixed with the seal of the arbitration commission. After the arbitration commission declares the original arbitral award invalid, it shall constitute a separate arbitral tribunal within seven days from the date of the invalidation.

The arbitral tribunal shall conclude the case within 30 days from the date of its constitution. That is, when the chairperson of the arbitration commission at all levels finds that there is an error in the award of the commission, he or she may initiate the discussion procedure of the arbitration commission and carry out internal self-correction. Although the chairman of the BAETAC discovered the error, it is entirely possible that the party discovered it after the party raised an objection to the member of the CIETAC committee.

However, regardless of the method in which the error is discovered, at least Article 34 of the original Rules for Handling Cases of the Labor Dispute Arbitration Commission provides a legal basis for the arbitration commission to self-correct the error.

Dear, the Labor Commission has the right to correct the textual and calculation errors or omissions in the original award, and can also make a new ruling. Article 53 of the Rules for the Handling of Labor and Personnel Dispute Arbitration stipulates that: "The arbitral tribunal shall promptly supplement and correct any matter that has been decided by the arbitral tribunal but omitted from the award or is served on the parties in the case of the arbitration arbitration."

Legal basis: Article 34 of the Rules for Handling Cases of Labor Dispute Arbitration Commissions stipulates that "if the chairmen of the arbitration commissions at all levels find that there is indeed an error in the legally effective award of the commission and need to re-handle it, they shall submit it to the arbitration commission for decision." If the dispute is decided to be rehandled, the arbitration commission shall decide to terminate the enforcement of the original award.

The arbitration decision shall be signed by the chairman of the arbitration commission and affixed with the seal of the arbitration commission. After the arbitration commission declares the original arbitral award invalid, it shall constitute a separate arbitral tribunal within seven days from the date of the invalidation. The arbitral tribunal shall conclude the case within 30 days from the date of its constitution.

That is, when the directors of the arbitration commissions at all levels find that there is an error in the award of the banquet committee of Lu Xiangmu, they can start the discussion procedure of the arbitration committee and carry out internal self-correction. Although the chairman of the arbitration commission discovered the error, it is entirely possible that the parties found it after the parties raised objections to the members of the arbitration commission. However, regardless of the method in which the error is discovered, at least Article 34 of the original Rules for Handling Cases of the Labor Dispute Arbitration Commission provides a legal basis for the arbitration commission to self-correct the error.