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Labor arbitration, according to the burden of proof, requires both parties to the dispute to provide evidence, and it does not matter whether to help or not. You should do what the arbitration committee asks. The arbitration commission should also conclude the case within 60 days of your application for labor arbitration.
If you are not satisfied with the award, you can go to the basic people's court where the arbitration commission is located to file a lawsuit!
Hope it helps!
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The rules and regulations of the employer are not effective when they are formulated, especially the system involving the interests of employees, which must comply with the provisions of Article 4 of the Labor Contract Law to be legal and effective, and how the employer can prove that the system has been publicized to you is also a problem.
What does it have to do with **and**, didn't figure it out.
Reversal of the burden of proof" is widespread in the field of labor law. Article 1 of the Law on Mediation and Arbitration of Labor Disputes, Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I), Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III), Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, and Article 2 of the Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations. Wage payment vouchers, social security records, recruitment registration forms, registration forms, attendance records, etc., can all require the employer to bear the burden of proof.
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Arbitration generally does not solve the problem, and it can be sued directly to the court.
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According to the relevant provisions of the Civil Procedure Law and the Labor Dispute Mediation and Arbitration Law, if you are not satisfied with the result of the labor arbitration, you can also file a lawsuit with the court within 15 days after receiving the award.
Zongheng Legal Network-Guangdong Tianhui Law Firm-Yu Shouxue lawyer.
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There is nothing to worry about, the arbitration is indeed biased in favor of the employer, but there are also a few arbitrators who have a certain moral bottom line and will also help the applicant to fight for it. Anyway, if you can't do it, go to the courts, the courts are still mostly fair and just, and the judges deal with them in strict accordance with the provisions of the law.
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I am a worker in an enterprise, Jian was injured in a fight with a colleague at work, resulting in a perforation of the ear, is it a work injury?
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Legal analysis: If the arbitrator is biased in favor of the company, causing the employee to be dissatisfied with the award, the employee may file a lawsuit.
Article 50 of the Law on Mediation and Arbitration of Labor Disputes provides that 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.
Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes
Article 2 This Law shall apply to the following labor disputes between employers and workers 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 stipulated by laws and regulations.
Article 27 The limitation period for applying for arbitration of labor disputes shall be 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.
The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated.
Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.
If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.
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What to do if the arbitration** is clearly biased in favor of the company
When the labor arbitration institution arbitrates a labor dispute, if it is obviously biased in favor of the company, it is an unfair act, and if the parties are not satisfied with the arbitration result, they can file a labor lawsuit.
Relevant legal provisions
Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes
Article 48 Where 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 Where a party is dissatisfied with an arbitral award in a labor dispute case other than Li Pants as 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.
The above knowledge is the answer to the relevant legal questions, when the labor arbitration institution arbitrates the labor dispute, if it is obviously biased towards the company, it is an unfair behavior, and if the parties are not satisfied with the arbitration result, they can file a labor lawsuit. Reader.
Power of Attorney.
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