Labor Arbitration Representation Strategy? How to appeal to labor arbitration

According to your description, if the company does train and transfer you, then you can get three months of compensation for each full year of compensation if you are illegally dismissed by the company for arbitration and apply for double severance compensation, but you can claim that the company will dismiss you with one month's severance notice without one month's notice, and then you have worked for two years, then you can get one month's salary for every full year, so you can get three months' compensation, but if the company does not train or transfer you, If you are fired directly on the grounds that you do not meet the requirements of the position, then the company is illegal dismissal, and you should be able to get two months of salary compensation for every year of service, then you can get five months of compensation.

According to your description, if the company has trained and transferred you, then you will not be supported by the company's dismissal of you for arbitration, and the company will not be able to get two times the severance compensation, but you can lead the team without the company notifying you one month in advance, You Kai, if you have a one-month severance notice, and then you have worked for two years, then you can get one year of compensation and compensation for one month's salary, so you can get three months of compensation, and the company has not trained or transferred you to the company. If you are fired directly on the grounds that you do not meet the requirements of the position, then the company is illegal dismissal, and you should be able to get two months of salary compensation for every year of service, then you can get five months of compensation.

Of the three claims, there is no second and third claims, and if you advocate illegal dismissal, how can there be a pending notice of 30 days' notice, and the second and third can be claimed together. If you claim unlawful dismissal, you can ask for 4 months of compensation.

Whether the company has trained you or adjusted your position, and after a period of time, there is indeed an inability to do the job, if not, the company has no reason to terminate the employment relationship with you, you can claim illegal termination.

If you are not satisfied with the result of the labor arbitration, you can file a lawsuit with the people's court, and the time for filing a lawsuit must be within 15 days from the date of receipt of the arbitration award. If the lawsuit is filed within the time limit, the ruling shall take legal effect.

1. Can I still sue after civil arbitration?

In the case of labor arbitration, if the parties to the labor dispute are dissatisfied with the arbitral award, they may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitration award. If it is another dispute, it cannot be sued after arbitration, and the arbitration shall be subject to the system of finality of the award, and if the parties apply for arbitration or file a lawsuit with the people's court for the same dispute after the award is made, the arbitration commission or the people's court shall not accept it.

2. How long does it take for labor arbitration to be normal?

Labor arbitration normally requires the arbitral tribunal to make an award within 45 days, and the calculation shall start from the date on which the labor dispute arbitration commission accepts the arbitration application. Where the case is complicated and requires an extension, the extension must not exceed 15 days. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award.

3. How long does it take to litigate an economic dispute?

1. The arbitral tribunal shall conclude the decision on a labor dispute case within 45 days from the date on which the arbitration application is accepted 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.

Labor arbitration shall be concluded within a maximum of 60 days from the date of acceptance of the case.

2. If the parties are dissatisfied with labor arbitration, the parties shall file a lawsuit with the court within 15 days from the date of receipt of the labor arbitration award, and most courts in judicial practice shall hear the case in accordance with the summary procedure, and the trial period shall be 3 months, that is to say, the case heard by the people's court using the ordinary procedures shall be completed within 3 months from the date of filing the case, and the trial shall be included before the conclusion of the trial within six months from the date of filing.

3. If you are not satisfied with the judgment of the first instance, you may also appeal within 15 days from the date of receipt of the judgment, and the time limit for the court of second instance is three months.

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 provided for in Article 47 of this Law, he may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award.

Article 50. 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; Where no prosecution is made at the expiration of the time limit, the ruling takes legal effect.

After a labor dispute occurs, workers often have to apply for labor arbitration to protect their legitimate rights and interests, but before applying for labor arbitration, workers must first understand the following two issues, otherwise it is very difficult to sell cautiously and it is easy to suffer.

1. The statute of limitations for applying for labor arbitration is only one year, and the employee must apply for labor arbitration within the time limit. The law protects rights, but it does not protect those who sleep on rights.

According to the provisions of the Labor Law, the employee shall apply for labor arbitration within one year from the date on which he or she knows or should know that his rights have been infringed, and the starting point for applying for labor arbitration is generally calculated from the date on which the employee terminates the employment relationship with the company. However, the starting point for the request for double wages without a labor contract shall be calculated from the second month after the employee joins the company.

Labor disputes over arrears of wages are not subject to the restrictions of this article, but shall be filed within one year after the termination of the employment relationship.

2. There is evidence to prove the labor relationship.

In labor dispute cases, many workers lose the lawsuit because there is no way to prove the labor relationship, so in labor cases, proving the labor relationship is the key.

So what specific evidence is there to prove the employment relationship?

1. Labor contract, labor contract is the most direct written evidence to prove the labor relationship, with the signatures of the company and the employee, which can directly prove the labor relationship.

2. After the occurrence of a labor dispute, the worker can go to the bank to promise to pay the relevant vouchers of wages to prove the labor relationship and the company's payment of wages.

3. Social security records, the company's records of paying social insurance for employees, can also prove the labor relationship.

4. Work card, work card, work information, etc.

5. Attendance records, now the company basically has attendance, and manages employees' filial piety through attendance punching.

We must pay attention to the above two points before applying for labor arbitration, otherwise it is likely to bring adverse consequences.