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The appeal request for the petition is written as follows:
The appeal request shall clearly state the following content: basic information of both parties, including the name, gender, age, work unit, address, and so forth of the complainant and the respondent; The subject matter of the appeal refers to the purpose and requirements to be achieved by the appeal; Facts and Reasons, Prima S s Pai S and **; the main legal basis for the request; Signature of the complainant, dated.
The grievance request should be complete, and the employee may have many statutory rights after a labor dispute has occurred. For example, in the case of a labor dispute in which the employer unilaterally terminates the contract, the appeal requests that the employee may submit are regular appeal requests and appeal requests that can be tried.
Determine the principles for appealing requests
1. Determine the supervisor.
Not all requests for labor arbitration are accepted. For example, housing provident fund disputes are not accepted by labor arbitration. Social insurance disputes are currently not accepted in labor arbitration in Beijing.
A claimant should then be aware of these circumstances when determining the request for arbitration.
2. Determine jurisdiction.
Due to their lack of understanding of the relevant laws and regulations of labor arbitration, many employees have doubts and hesitation about the competent arbitration institution or court in the event of a dispute, and in many cases, they will lose the effective opportunity for arbitration.
3. Determine the uniformity of the appeal request.
In labor dispute cases, it is not always the case that the more appeals are filed, the better. Ensuring the adequacy of the appeal request is only one aspect, and it is better to choose one or the other for conflicting and incompatible requests. Of course, when choosing, it is necessary to consider the risks, costs, benefits, and relevant evidence composition of the relevant request, and then make a choice.
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1. Write down the basic information of the complainant.
2. Clearly state the basic information of the respondent.
3. Specify the case to which you are appealing.
4. Clearly state the grievances.
5. Write down the facts and reasons.
6. Clearly state the name of the people's court.
7. The complainant signs and seals.
8. Indicate the time of appeal.
The petition consists of three parts: the first part, the main body and the last part.
The unit shall clearly state the name, the nature of the unit, the address, the name and position of the legal representative. If there is a client, the name of the person, the work unit, etc., should be indicated.
2. The body of the text should include:
Request: refers to the purpose and requirements of the appeal. The request should be specific and clear.
Facts and reasons: The time and method of establishing the employment relationship between the two parties and the main content of the employment contract should be briefly stated; the formation process of the dispute between the parties and the focus of the dispute; Main evidence (the name and address of the witness, physical evidence, documentary evidence, etc.); The main legal basis for the submission of the request.
3. The tail section shall include: the name of the arbitration institution to which the claim is submitted, the name or title of the complainant (signature), and the time of application (year, month and date). At the same time, indicate the number of copies submitted (according to the number of respondents), and the number of physical and documentary documents.
Legal basis: Article 118 of the Civil Code of the People's Republic of China provides that if a party conducts a civil lawsuit, Rukai shall pay the case acceptance fee in accordance with the regulations. In addition to the case acceptance fee, other litigation fees shall be paid in accordance with the regulations.
Where parties have real difficulties in paying litigation fees, they may apply to the people's court for a delay, reduction, or waiver of payment in accordance with provisions. The measures for collecting litigation costs shall be formulated separately.
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Legal analysis: 1. Write down the basic information of the complainant.
2. Clearly state the basic information of the respondent.
3. Specify the case to which you are appealing.
4. Clearly state the grievances.
5. Write down the facts and reasons.
6. Clearly state the name of the people's court.
7. The complainant signs and seals.
8. Indicate the time of appeal.
Legal basis: Criminal Procedure Law of the People's Republic of China
Article 49: Where defenders or litigants feel that the public security organs, people's procuratorates, people's courts, and their staffs are obstructing their lawful exercise of procedural rights, they have the right to appeal or make accusations to the people's procuratorate at the same or higher level. The people's procuratorate shall promptly conduct a review of the appeal or accusation, and where the circumstances are found to be true, notify the relevant organs to make corrections.
Article 181:Citizens who are dissatisfied with the Election Committee's decision on the handling of appeals concerning voter qualifications before the spring may file a lawsuit with the basic level people's court for the area where their constituency is located five days before the election day.
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