What is the difference between labor inspection and labor arbitration

There are 3 differences between the labor inspection brigade and labor arbitration, which are as follows:

1. The main body of labor inspection is the labor administrative department, and the main body of labor arbitration is the labor dispute arbitration commission;

2. Labor inspection is to supervise and inspect, and labor arbitration institutions are labor dispute cases that accept complaints from parties to labor relations;

3. The relationship between the labor administrative department and the units and individuals subject to supervision and inspection is an administrative relationship, and the arbitration institution is a kind of "middleman" in labor arbitration.

Regulations on the Supervision of Labor and Social Security

Article 10 The administrative departments for labor and social security shall carry out labor security inspections and perform the following duties:

1) Publicize labor security laws, regulations, and rules, and urge employers to implement them;

2) To inspect the employer's compliance with labor security laws, regulations and rules;

3) To accept reports and complaints about violations of labor security laws, regulations or rules;

4) Correct, investigate and deal with violations of labor security laws, regulations or rules in accordance with the law.

If there is a labor dispute with the company, it is better to go to labor arbitration, the difference:

1.Different definitions: labor inspections are carried out in the performance of duties by means of daily inspections, active inspections, special inspections, and acceptance of complaints and reports; Labor arbitration is mainly carried out on the basis of the application of the parties, and generally does not carry out active investigation, and is a pre-procedure for the parties to file a lawsuit against the people, and can be mediated and awarded.

2.The power to impose penalties is different: labor inspectors have the power to impose administrative penalties, while labor arbitration does not have the power to impose administrative penalties.

3.The timeliness is different: the timeliness for the acceptance of labor inspections:

Violations of labor security laws, rules and regulations occur within two years. The ordinary limitation period for applying for labor arbitration 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.

Labour inspectionBrigade: A public institution belonging to the Human Resources and Social Security Bureau. As a statutory specialized organ, it conducts a series of activities such as inspection, correction, and punishment on behalf of the state on compliance with the labor law and other relevant laws in accordance with the law, which belongs to administrative law enforcement.

Labor arbitration: refers to the intermediate adjudication of a labor dispute by the labor dispute arbitration commission on the arbitration application of the parties. In China, labor arbitration is a necessary procedure for parties to a labor dispute to file a lawsuit in the people's court.

The Labour Inspectorate is the Inspectorate. The labor arbitration department is the department that resolves conflicts between labor and management.

There are 3 differences between the labor inspection brigade and labor arbitration, which are as follows:

1. The main body of labor inspection is the labor administrative department, and the main body of labor arbitration is the labor dispute arbitration committee;

2. Labor inspection is to supervise and inspect, and labor arbitration institutions are labor dispute cases that accept complaints from parties to labor relations;

3. The relationship between the labor administrative department and the units and individuals subject to supervision and inspection is an administrative relationship, and the arbitration institution is a kind of "middleman" in labor arbitration.

Regulations on the Supervision of Labor and Social Security

Article 10 The administrative departments for labor and social security shall carry out labor security inspections and perform the following duties:

1) Publicize labor security laws, regulations, and rules, and urge employers to implement them;

2) Inspect the employer's compliance with labor security laws, regulations and rules;

3) To accept reports and complaints about violations of labor security laws, regulations or rules;

4) Correct, investigate and deal with violations of labor security laws, regulations or rules in accordance with the law.

There is a difference between labor arbitration and labor inspection

1. The occurrence of labor inspection is determined by the public law factors of the labor law, and the labor arbitration is determined by the private law factors of the labor law;

2. Labor inspection can only apply mandatory legal norms to handle cases, and labor arbitration shall apply both mandatory legal norms and arbitrary legal norms, and mediation and adjudication may be carried out in accordance with the effective clauses in the labor contract and the labor rules of the enterprise;

3. The labor inspection reflects the principle of compulsion, and the procedure of labor arbitration embodies the principle of voluntariness;

4. In addition to civil liability for labor inspection, administrative liability and legal liability for labor arbitration can also be pursued, which is generally limited to civil liability and economic liability;

5. Labor inspection not only requires the parties to present evidence, but also can take the initiative to collect evidence, labor arbitration adopts the principle of "whoever asserts the evidence", and does not take the initiative to collect evidence except for statutory circumstances;

6. The statute of limitations for accepting cases under labor inspection is two years, and the time limit for accepting cases by labor arbitration is one year.

Legal basisAccording to the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration, the following labor disputes between employers and employees are within the scope of acceptance of labor arbitration:

1) Disputes arising from the dismissal, dismissal, dismissal of employees, resignation or voluntary resignation of employees, 2) Disputes arising from the implementation of national regulations on wages, insurance, welfare, training and labor protection, 3) Disputes arising from the performance of labor contracts and other labor disputes that shall be handled by laws and regulations.

Legal basisArticle 30 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes.

After accepting the arbitration application, the labor dispute arbitration commission shall serve a copy of the arbitration application to the respondent within five days.

After receiving a copy of the arbitration application, the respondent shall submit a statement of defence to the labor dispute arbitration commission within 10 days. After receiving the statement of defense, the labor dispute arbitration commission shall send a copy of the statement of defense to the applicant within five days. If the respondent fails to submit a statement of defence, it shall not affect the conduct of the arbitration proceedings.

Legal Analysis: The difference between Xuling Labor Inspection and Labor Arbitration is:

1. The main body of labor inspection is the labor administrative department, and the main body of labor arbitration is the labor dispute arbitration commission;

2. Labor inspection is to supervise and inspect, and labor arbitration institutions are labor dispute cases that accept complaints from parties to labor relations;

3. The relationship between the labor administrative department and the units and individuals subject to supervision and inspection is an administrative relationship, and the arbitration institution is a kind of "middleman" in labor arbitration.

Legal basis: Article 5 of the Labor Dispute Mediation and 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 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.

According to the provisions of the Labor Law of the People's Republic of China, the difference between the supervision brigade and labor arbitration:

1. The conditions for application are different: mediation is not a necessary procedure for labor disputes, while arbitration is a necessary procedure for resolving labor disputes through litigation. If a labor dispute arises between the two parties, the parties may apply for mediation in accordance with the law, or they may directly apply for arbitration without mediation.

2. The application statute of limitations and processing period are different, and the parties applying for mediation shall apply for mediation within 30 days from the date of knowing that their rights have been infringed by friends, and the mediation committee shall mediate and conclude the case within 30 days from the date of the parties' application for mediation; When a party applies for arbitration, it shall make an imitation award within 60 days from the date on which it knows or should have known that its rights have been infringed, and the labor dispute arbitration award shall generally be made within 45 days from the date of receipt of the arbitration application.

3. The mediation agreement reached under the auspices of the labor dispute mediation committee does not have the legal effect of enforcement, and can only rely on the conscious performance of both parties; The arbitration and mediation agreement reached under the auspices of the labor dispute arbitration commission shall have legal effect from the date of service, and the parties cannot re-apply for arbitration or file a lawsuit in the people's court.

4. The labor mediation of different enterprises shall be presided over by the labor dispute mediation committee of the enterprise in accordance with the law, and the labor dispute mediation committee shall be composed of employee representatives, trade union representatives and employer representatives; In the arbitration of labor disputes, the labor dispute arbitration commission shall appoint arbitrators and form an arbitration tribunal in accordance with the law to hear the arbitration.

1. Different law enforcement entities; Noisy eggplant teasing.

2. Different legal acts;

3. Different job responsibilities;

Fourth, the legal status is different;

5. The legal consequences are different;

Sixth, the means of law enforcement are different.

Legal basis] Article 2 of the Labor Dispute Mediation and Arbitration Law stipulates that this Law shall apply to 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) Other labor disputes as provided for by laws and regulations.