Is it better to apply for arbitration or labor complaints in the following situations?

If it's just arrears of wages and back social insurance payments, just go to the labor inspectorate and do it quickly.

If you want anything else, you have to go to labor arbitration. But, I think, you may not be able to double your salary. If you re-sign the labor contract, it may be deemed that you have given forgiveness to the fact that the employer has violated the law, and you agree that the employer has made remedial measures, and generally will not be protected.

Take the contract to the labor arbitration complaint.

Labor arbitration is a relatively direct way to protect rights, and it can also be carried out at the same time, because employees who do not pay economic compensation and do not participate in social insurance can be obtained by filing a complaint with the labor department. The award made by the labor dispute arbitration institution does not take legal effect immediately, but is in a state of pending validity. If the parties are dissatisfied with the labor arbitration award, they may file a lawsuit with the Douku People's Court within the statutory time limit, and only when the statutory time limit expires and both parties do not file a lawsuit, the arbitral award will take effect, and the relevant parties will file a lawsuit with the court, and the other party to the labor dispute will file an ordinary civil lawsuit with the other party as the defendant.

Labor complaints are the behavior of employees of the unit to complain to the authorities with rights when labor disputes occur, and the relevant authorities will also deal with the complaints when they receive them, but the provisions on this are not particularly comprehensive, so labor arbitration is more direct, and it is easier for Zhaolao to resolve disputes.

Then the process of applying for labor arbitration:

Procedures for applying for labor arbitration:

1. Submit the labor arbitration application and evidence to the labor arbitration institution and apply for filing;

2. The arbitration institution accepts and notifies the claimant and the respondent;

3. The arbitration institution may elaborate their claims and opinions to each other;

4. Mediation by arbitration institutions;

5. If the mediation fails, the arbitration institution shall make a ruling.

To sum up, labor arbitration is a relatively direct way to protect rights, but labor arbitration and labor complaints can be conducted at the same time, do you understand?

According to Article 2 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration, 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) Labor disputes as provided for by laws and regulations.

Legal Analysis: Both have their own advantages, and it is not easy to determine which one is useful. The main body of labor inspection is the labor administrative department, and the law enforcement activities of the law enforcement agency are to carry out administrative law enforcement on behalf of the labor administrative organ; The main body of labor arbitration is a specific institution established in accordance with national labor legislation, i.e., the labor dispute arbitration commission.

Legal basis: Article 5 of the Labor Dispute Arbitration Law of the People's Republic of China.

In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization to return to Jikai 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 an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided for in this Law.

Labor arbitration is a pre-procedure for labor litigation and is generally more useful than labor litigation.

Labor arbitration is a relatively straightforward way to protect rights. The award made by the labor dispute arbitration institution does not take legal effect immediately, but is in a state of pending validity.

If the parties are dissatisfied with the labor arbitration award, they may file a lawsuit with the people's court within the statutory time limit, and the arbitral award will only take effect if the parties do not file a lawsuit after the expiration of the statutory time limit.

The verification of labor contracts refers to an administrative supervision and service system in which the competent administrative department examines the content of the labor contract in accordance with the law and proves its legality and authenticity. By facilitating the full and proper performance of labor contracts, we can reduce and prevent the occurrence of labor disputes, protect the legitimate rights and interests of both parties, and stabilize labor relations.

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 hard work, 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 4 In the event of a labor dispute, the worker may negotiate with the employer, or may ask the trade union or a third party to negotiate with the employer and reach a settlement agreement. Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, 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 an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Article 27 The limitation period for applying for arbitration of labor disputes shall be one year. The limitation period for arbitration is 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.

Legal analysis: Labor arbitration is a relatively direct way to protect rights, and it can also be carried out at the same time, because employees who do not pay economic compensation and do not participate in social insurance can be obtained by filing a complaint with the labor department. The award made by the labor dispute arbitration institution does not take legal effect immediately, but is in a state where the effect is pending.

If the parties are dissatisfied with the labor arbitration award, they may file a lawsuit with the people's court within the statutory time limit, and only when the statutory time limit expires and both parties do not file a lawsuit, the arbitration award will take effect, and the relevant party will file a lawsuit with the court, not with the arbitration institution as the defendant to file an administrative lawsuit, but with the other party to the labor dispute as the defendant to file an ordinary civil lawsuit.

Labor complaints are the act of complaining to the competent authorities by the employees of the unit when the labor dispute arises, and the relevant authorities will also deal with the complaints when they receive them, but the provisions on this are not particularly comprehensive, so labor arbitration is more direct and easier to resolve the dispute.

Legal basis: Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes The following labor disputes arise 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.