What are your doubts or troubles about labor arbitration?

I would like to ask you, I have worked in the company for 4 and a half years without signing a labor contract, and I have not bought social security! Now my boss is in arrears with me. I'm going to cheat....

I have an A4 certificate of income, a certificate of employment and a certificate of employment, all of which are stamped with the official seal.

What should I do in this situation? If the above evidence is not effective in applying for arbitration, what strong evidence is needed?

I drove an earthmoving truck in August rear-end collision I blame all for my injuries, the boss did not sign a labor contract, and pay social security, the current boss and I have a relationship, now the question is how can I prove that I am working for him, not a temporary worker, I consulted a lawyer, the lawyer said that I only have a 30% winning rate, ask God to guide me how to prove that I work for him?

Hello Labor Arbitration! I'm a retirement-old man and I don't have social security. My factory was opened on June 5, I went to work on June 9th, and on the 13th, I cut off two tendons on my left little finger

After ten years of work, the factory stopped and stopped because of environmental protection issues, everyone knows that it will be closed in another month, the boss has repeatedly delayed and evaded not talking about compensation, and our employees have not signed labor contracts and have not bought social security, should we arbitrate as soon as possible?

I think the labor arbitration commission should be abolished!! It should be tried directly in the courts! For those who do not have a labor contract or do not sign a labor contract, the boss is directly convicted!

Employees must sign a contract from the moment they come to work! So as not to waste judicial resources for the confirmation of labor relations! In this way, you can directly distinguish between labor and labor disputes!

I think that the issue of labor arbitration should be particularly bad, so we must protect our rights in a timely manner and use legal means.

Arbitration first, litigation secondary" requires labor dispute arbitration to accept judicial review, which is an inevitable requirement for the parties to exercise their right to litigate, and is also the embodiment of procedural fairness.

If there is no non-appeal in labor arbitration, it is not beneficial to the employee, but only delays time.

I think that labor arbitration, this law can be said to enable every worker to protect his or her legitimate rights and interests.

Labor arbitration is a troublesome problem to deal with, and if it is not handled well, it will be very affected.

Labor arbitration should not be subject to the statute of limitations, as most workers are unaware of it.

Failure to solve practical problems, the main thing is the suspicion of favoritism towards the company. My workers' compensation that year was delayed by this agency for two or three months.

I believe that labor arbitration effectively protects the legitimate rights and interests of employees.

The labor arbitration agreement protects the interests of farmers very well and will not harm their interests.

It is a good department that solves problems for farmers, and it is useless to keep the feeling that they cannot do practical things.

Labor arbitration can effectively avoid labor disputes and safeguard the legitimate rights and interests of workers.

According to the current system design, the people's court cannot directly invoke the facts of the arbitral award, but should re-hear the case.

I think that labor arbitration, this matter, must be taken seriously by both parties, so it has to be taken seriously.

Labor arbitration takes too long, allowing workers to provide evidence, unable to conduct in-depth investigation and evidence collection, and finally getting the court, delaying time.

The cost of corporate violations is too low! To put it bluntly, even if the company loses the lawsuit, it will only give the money that should have been given. Enterprises should not dare to break the law and plug the contradiction at the source.

It is necessary because labor arbitration can help them solve the problem when these things happen.

Labor arbitration should be linked to enterprise credit reporting to effectively ensure the quality and development of the entire business.

Enterprises violating the law are illegal, and they have to be turned over and over again, ambiguous, and there are time limits, and many lawyers can't figure it out, let alone migrant workers with a low level of education

If you don't sign a labor contract, you will be directly found guilty.

It takes too long and is time-consuming and laborious, and this should be immediately reported to the company for investigation and adjudication as soon as possible. No appeasement.

I was paid last year! on labor arbitration! August 15th Notice**! As a result, I didn't inform myself! Obviously it is a Hubei Shengding labor service company used in the project department, and the address is also! Contact ** Han Feng and say that there is no such person! The results are until September 9th of the following month.

We should intensify the punishment of enterprises, learn from the West, and no enterprise dares to break the law.

It took me nine months from the appeal to the verdict, and I still don't support it, and now I'm in the first instance lawsuit.

It's useful, but it's really too slow, it should be straightforward and simple.

Article 48 of the Law stipulates that if a worker is dissatisfied with the final arbitral award of the arbitration commission, he may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. In other words, the premise of the final award in the two types of labor dispute cases is that the employee agrees with the award, and if the employee is not satisfied with the award and can file a lawsuit within the statutory time limit of 15 days, the arbitral award will not be final.

It is particularly noteworthy that the law only gives the employee the right to file a lawsuit, and the employer cannot file a lawsuit with the court if it is not satisfied with such an award, but may apply to the Intermediate People's Court at the place where the arbitration commission is located to revoke the award within 30 days in accordance with Article 49 of the Labor Dispute Mediation and Arbitration Law.

Your case didn't come in, so I can't be sure. B was wrong because the case was definitely final. In the case of a final adjudication, the enterprise can only apply to the Intermediate People's Court for revocation within 30 days, and has no right to sue. So b is wrong.

Doesn't the new labor contract law stipulate that you can directly appeal to the court, and can the arbitral tribunal restrict others from filing a lawsuit within 15 days?

First of all. Why item b is incorrect. You can take a look at the title:

According to the provisions of the Labor Dispute Mediation and Arbitration Law, the following arbitral award in this case is correctly stated (), that is, only one of the following arbitral awards is correctly stated. Generally in the presentation of the arbitral award. Not possible"Construction companies"Only"Applicants"or"Respondent"Words.

Secondly, no matter what"Construction companies"Still"Applicants"or"Respondent"If any party files a lawsuit with the people's court. It's all time-sensitive. In the case of a general arbitral award, the lawsuit shall be filed from the date of receipt of this award.

If they have the right to file a lawsuit with the people's court within 15 years, and do not do so at the end of the time limit, the ruling will take legal effect.

The compensation standard is calculated according to the average salary of the 12 months before your resignation, including all subsidies and allowances, if the shareholder fails to complete the capital contribution, the shareholder can be required to bear the responsibility within the scope of the capital contribution "Regulations for the Implementation of the Labor Contract Law".

Article 27 The monthly wages for economic compensation as provided for in Article 47 of the Labor Contract Law shall be calculated according to the wages due to the worker, including hourly wages or piece-rate wages, as well as monetary income such as bonuses, allowances and subsidies. If the average salary of an employee in the 12 months prior to the termination or termination of the labor contract is lower than the local minimum wage standard, it shall be calculated in accordance with the local minimum wage standard. If a worker has worked for less than 12 months, the average wage shall be calculated according to the number of months actually worked.

Article 3 of the Company Law A company is an enterprise legal person, has independent legal person property, and enjoys the property rights of a legal person. The company is liable for the debts of the company with all its property.

The shareholders of a limited liability company are liable to the company to the extent of their subscribed capital contributions; The shareholders of the shares are liable to the company to the extent of the shares they subscribe.

The employment contract was signed with the Bureau of Government Affairs, and there is no reason to demand payment from the other party if you did not work for the Land Bureau between September 2016 and June 2017. However, if the other party arranges for you to be laid off before the time agreed in the contract, there is a breach of contract, and the other party can be required to give appropriate compensation, but it may not be realistic to compensate you for all your wages during the layoff period, and this agreement will have little effect on the subsequent lawsuit, and the labor contract signed before shall prevail.

According to Article 43 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration, "the arbitral tribunal shall conclude the award of 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 parties may file a lawsuit with the people's court on the labor dispute."

Therefore, if the labor dispute arbitration commission makes an award within the time limit, you can directly file a lawsuit with the court on the disputed matter. Instead of waiting.

I recommend that you find a local lawyer to consult.

Thank you! Add a good review!

This will not happen in general, unless there is a work-related injury determination in your arbitration process.

The arbitration procedure is to make a notice of acceptance or non-acceptance within 5 days of receiving the application, and serve it on both parties within 5 days, and the respondent submits a reply within 10 days after receiving the notice, and then serves a copy of the employee's reply within 5 days, and then investigates and collects evidence, and conducts a trial.

Generally, the case shall be concluded within 45 days, and the case may be extended to 15 days under special circumstances with the approval of the chairman of the arbitration commission.

It should be noted that the 45th mentioned is a working day, excluding Saturdays and Sundays.

It should not be more than two months at the latest, and if there is no result after three months, you can file a lawsuit directly with the court.