Work related injury arbitration application questions, how to write work related injury arbitration

The amount on the work-related injury application is only the amount you applied for, and it does not necessarily mean that you will be awarded this amount, and the labor department will calculate your work-related injury compensation according to your specific situation, even if you find that the amount you applied for is wrong, it is okay. As for seniority compensation, you can make a claim with reference to the following:

1. If the company dismisses you without legal reasons, it is illegal to terminate the labor contract, and you should pay 2 months' salary as compensation for every year of work. The salary standard is calculated based on the average salary of the 12 months prior to your departure, which is the average of all salaries.

2. If the company has illegal reasons such as arrears of wages or deduction of wages or unilateral transfer of your job or reduction of your salary, you can be forced to resign or indeed have difficulties in production and operation to dismiss for reasons such as compensation, and one month's salary will be compensated for each year of work.

3. If the company has less or no overtime wages, you can be forced to resign or indeed have production and operation difficulties and other reasons to dismiss, there is compensation, and one month's salary will be compensated for each year of work.

If the company does not provide working conditions and transfers in disguise, you can also be forced to resign and ask the company to pay you one month's salary for every year you work.

If the company negotiates with you to terminate the employment contract, you shall pay one month's salary for each year of service as compensation.

If an employee voluntarily resigns, there is no severance payment, regardless of how many years of service or employment contract they have signed.

The Labor Contract Law stipulates that for the payment of severance payments, one month's salary shall be compensated for each year of service, and if it is less than one year for six months, it shall be counted as one year, and if it is less than six months, half a month's salary shall be compensated. is the average of all wages over the past 12 months.

1. If the calculation is wrong, it can be corrected by arbitration, no problem.

2. There is no compensation for seniority in the law, only compensation or compensation, but in terms of results, it can be understood that seniority compensation or compensation. Whether it is compensation or compensation depends on the reason for termination.

Legal analysis: The format of the application for work-related injury arbitration shall indicate: 1. The basic information of the applicant and the respondent; 2. The socks are sold to indicate the labor dispute to be arbitrated; 3. Write down the specific facts and developments, including the time, place, causes, and events of the labor dispute between the two parties; 4. Concluding remarks and the object of the submission; 5. Application date.

Legal basis: Law of the People's Republic of China on Labor Dispute Mediation and Arbitration

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.

Legal analysis: If an employee has a dispute with the employer due to the issue of work-related injury compensation, the employee needs to fill in the application form for labor arbitration, and the application form generally needs to fill in the basic information of the employee and the situation of the employer. Including the employee's name, gender, age, occupation, work unit and address, the name and address of the work unit, and the name of the legal person and the main person in charge, etc.

At the same time, it is also necessary to state the reasons for applying for labor arbitration. The most balanced side is what is the evidence in hand, the explanation of the evidence, etc.

Legal basis: Labor Dispute Mediation and Arbitration Law of the People's Republic of China Article 28 The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents. The application for arbitration shall contain the following matters:

1) The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;

2) the claim for arbitration and the facts and reasons on which it is based;

3) Evidence and evidence**, names and addresses of witnesses.

If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration commission shall record it in the record and inform the other party.

Legal analysis: (1) Submit the Application for Labor Arbitration to the Labor Arbitration Commission in duplicate, including:

1. Name, gender, date of birth, ethnicity, address, and contact of the worker**.

2. The name of the employer, the address of the employer, the name and position of the legal representative.

3. The claim for arbitration and the facts and reasons on which it is based.

4. Evidence and evidence**, names and addresses of witnesses.

5. The name of the sending unit.

2) At the same time as submitting the Application for Labor Arbitration, submit the following materials to the Labor Arbitration Commission:

1. A copy of ID card;

2. Proof of labor relationship; Other supporting documents.

3. If the applicant is an employer, a copy of the business license of the enterprise legal person shall be submitted; Proof of identity of the legal representative;

4. If there is a client, submit a power of attorney (you can handle it yourself without inviting a person).

Legal basis: Article 23 of the Arbitration Law of the People's Republic of China The application for arbitration shall contain the following matters.

1) The name, gender, age, occupation, work unit, and domicile of the parties, the name of the legal person or other organization, the domicile, and the name and position of the legal representative or principal responsible person;

2) the claim for arbitration and the facts and reasons on which it is based;

3) Evidence and evidence**, names and addresses of witnesses.