What evidence does the company need to provide for work related injury arbitration?

Updated on society 2024-05-03
6 answers
  1. Anonymous users2024-02-08

    (1) Application for Arbitration. The claimant shall, in accordance with the regulations, truthfully and accurately fill in the Application for Arbitration, which shall be submitted in triplicate, two copies of which shall be submitted to the arbitration commission by the claimant himself or his authorized person, and one copy shall be retained by the claimant; (2) Proof of identity. If the applicant is a worker, the original and photocopy of the applicant's identity certificate shall be submitted

    If the applicant is an employer, submit a copy and copy of the business license of the unit, the identity certificate of the legal representative of the unit, the identity certificate of the entrusting person, the power of attorney, etc.; (3) Relevant materials that can prove the existence of an employment relationship with the respondent, such as labor contracts (employment contracts or agreements), notices of dissolution or termination of contracts, payslips (pieces), social insurance payment certificates, etc., and their copies; (4) When the claimant applies for labor arbitration, if the arbitration commission requires the claimant to submit relevant materials that can prove the identity of the respondent according to the needs of case filing and review, the claimant shall submit them. If the respondent is an employer, it shall submit proof of its industrial and commercial registration (including the name of the unit, legal representative, place of residence, place of business, etc.); If the respondent is a worker, the respondent shall submit his/her household registration, current address, contact information, etc. The arbitration commission shall make a decision on acceptance or non-acceptance within five days from the date of receipt of the Application for Arbitration, and serve it on the parties.

    If the case is decided to be accepted, the Notice of Case Acceptance shall be collected from the Arbitration Commission within three days after receiving the notice and the acceptance formalities shall be completed. In the case where the decision is not accepted, the arbitration commission shall serve a Notice of Inadmissibility on the applicant. In a case that has been approved by the Arbitration Commission and decided to accept the case, the parties shall be deemed to have waived their right to present evidence within the prescribed time limit for the presentation of evidence, and if the period for presenting evidence is exceeded.

  2. Anonymous users2024-02-07

    What evidence is required for labor arbitration.

  3. Anonymous users2024-02-06

    Legal analysis: 1. ID card of the injured person; 2. Outpatient medical records; 3. Hospital inpatient medical records, including the first page of inpatient medical records, admission records, physical examination forms, specialist examination forms, auxiliary examination forms, surgical records, discharge records, and examination reports. Medical records should be copied and stamped with the official seal in the medical department of the inpatient hospital, the archives room, and the medical record room; 4. Medical diagnosis certificate, salary slip or income certificate about rest and missed work, and proof of deduction of salary income (if any); 5. Proof of need for nursing, invoices or receipts for nursing fees; 6. Transportation and accommodation bills; 7. Determination of work-related injury decision, labor ability appraisal conclusion, and appraisal fee invoice are dismantled; 8. Provide other materials of the Radical Friendship Brigade as appropriate.

    Legal basis: Article 27 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 27 The limitation period for applying for open bench arbitration for labor disputes is 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.

  4. Anonymous users2024-02-05

    In general, the following evidence is required to determine the arbitration of labor relations: 1) proof of payment of wages or records, and records of payment of various social insurance premiums; (2) "Work Permit", "Service Certificate" and other documents issued by the employer to the worker; (3) Fill in the recruitment "registration form", "registration form" and other recruitment records; (4) Attendance records; (5) Testimony of other workers, etc.

  5. Anonymous users2024-02-04

    The materials required for work-related injury labor arbitration include: application form, employee's personal identity certificate, enterprise information materials, labor contract, payroll, work-related injury identification, disability identification, hospitalization documents, medical invoices and other evidentiary materials, and the application shall include the applicant, the respondent, the arbitration request, facts and reasons. If you are not satisfied with the arbitral award, you can file a lawsuit with the people's court.

    Work-related injury labor arbitration refers to a method of dispute resolution in which both parties to a dispute reach an agreement before or after the dispute arises, voluntarily hand over the dispute to a third party for adjudication, and both parties are obliged to implement it.

    Supporting materials for work-related injuries, such as work-related injury determination decisions and labor ability appraisal conclusions; When the claimant applies for labor arbitration, the arbitration commission requires the claimant to submit relevant materials that can prove the identity of the respondent according to the needs of case filing and review; Confirmation of Address for Service. When submitting the application, the applicant should fill in the "Confirmation of Address for Sending Kai Suda", indicating the detailed address, postal code and contact ** of the arbitration documents to be received.

    Work-related injury arbitration is one of the ways to resolve work-related injury disputes. Arbitration refers to a method of dispute resolution in which the parties to a dispute reach an agreement before or after the dispute arises, voluntarily hand over the dispute to a third party for adjudication, and both parties are obliged to implement it. The work-related injury company's request for labor arbitration means that there is an objection to the work-related injury.

    In practice, work-related injury disputes need to be specifically analyzed, and work-related injury treatment disputes are labor disputes, and disputes arising from work-related injury benefits can only be litigated through labor arbitration.

    Legal basis

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

    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 14: Where an agreement is reached through mediation, a mediation agreement shall be drafted.

  6. Anonymous users2024-02-03

    If a labor arbitration is initiated for a work-related injury, the materials that need to be submitted are:

    1. Application. The application shall be submitted in triplicate, two copies shall be submitted to the arbitration commission, and one copy shall be retained by the applicant;

    2. Proof of identity. If the applicant is a worker, he or she should bring his or her identity certificate and submit a photocopy;

    3. Proof of labor relationship. Such as labor contract, certificate of dissolution or termination of labor contract, proof of salary payment, proof of social insurance payment, work permit, entry and exit permit and other materials and corresponding copies;

    4. Proof of work-related injury, such as work-related injury determination decision, labor ability appraisal slag determination conclusion;

    5. When the claimant applies for labor dispute, the arbitration commission requires the claimant to submit relevant materials that can prove the identity of the respondent according to the needs of case filing and review;

    6. Confirmation of service address. When submitting the application, the applicant shall fill in the Confirmation of Service Address, indicating the detailed address, postal code and contact number of the arbitration documents to be received.

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