The content of the labor dispute arbitration and mediation agreement is illegal, the mediation proce

1. If you are not satisfied with the arbitration result, you can file a lawsuit in court.

2 On what basis and how do I claim my rights?

Take what you found.

The content of the labor dispute arbitration and mediation agreement is illegal, and the mediation procedure is illegal.

One by one, it will be presented as evidence immediately.

Article 11 focuses on the fact that after the mediation agreement takes legal effect, litigation cannot be filed.

It doesn't make much sense to emphasize whether it is a repudiation.

Because there is no remorse, why sue!!

The system of finality of the first award is a system in which labor disputes are terminated after the arbitral tribunal has awarded. It includes five meanings: first, "except as otherwise provided in this Law" in this article refers to the provisions of Article 48 of this Law, and if a worker is dissatisfied with the arbitral award provided for in this article, he may file a lawsuit with the court; Second, there is a scope limit for the finality of the first award.

The finality of the first award is limited to small claims and arbitration cases with clear standards; (3) the award shall take legal effect from the date of issuance; Fourth, after the arbitral award has taken legal effect, the parties shall not apply to the arbitration commission for arbitration or file a lawsuit with the court for the same dispute; Fifth, after the arbitral award takes legal effect, the parties shall perform it within the prescribed time limit. There are two types of labor dispute arbitration cases that are subject to the finality of the first award: first, small claims arbitration cases; The second is arbitration cases with clear standards.

These two types of cases account for a large proportion of the total number of labor dispute cases, and it is precisely for this reason that the final judgment can solve the problem of the long processing period of most labor dispute cases. National labor standards refer to the unified provisions made by the state in quantitative or qualitative form to regulate things or behaviors that appear regularly in the field of labor. China has always attached great importance to the construction of labor standards, and has initially formed a labor standard system with the labor law as the core, which basically covers the main aspects of the labor field.

The national labor standards include good working hours, rest and vacation, social insurance, etc. The national labor standards have the following characteristics: (1) they are stipulated through the normative documents.

2) Clear standards. It is often prescribed in a quantitative manner. (3) Wide range of application.

The main aspects of the field of labor are covered.

After a work-related injury, the contract can be terminated by means of labor arbitration. According to the relevant laws and regulations, 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 the person is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court, except as otherwise provided in the Labor Dispute Mediation and Arbitration Law.

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 delisting, 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 stipulated by laws and regulations.

Article 5 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.

Legal Analysis: There are two types of circumstances for the final award of labor arbitration: 1. Disputes over the recovery of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, which do not exceed the amount of the local monthly minimum wage standard for 12 months; 2. Disputes arising from the labor standards of the Executive Office in terms of working hours, rest and vacation, social insurance, etc.

Legal basis: Article 47 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, except as otherwise provided in this Law, the arbitral award shall be final, and the award shall take legal effect from the date of issuance: (1) Disputes over the recovery of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, which do not exceed the amount of the local monthly minimum wage standard for 12 months; (2) Disputes arising from the implementation of national labor standards in terms of working hours, rest and vacation, social insurance, etc.