What should I do if I don t pay back the money I owe, what procedures do I need to go to labor arbit

Procedures for applying for labor arbitration:

1. Submission of Application: When a party applies for arbitration, it shall submit a written application for arbitration, and submit copies according to the number of persons applied. The application shall contain the following particulars:

1.Name, gender, age, place of work and address of the worker; The name and address 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 residences of witnesses;

4.The date on which the arbitration was filed.

II. Acceptance of Arbitration: The BAC shall make a decision on whether to accept or disapprove the application for arbitration within five days from the date of receipt of the application. If the arbitration commission decides to accept the application, it shall serve a copy of the statement of claim on the respondent within five days from the date of making the decision.

Where a decision is made not to accept it, the reasons shall be explained.

3. Hearing: The Arbitral Tribunal shall notify both parties in writing of the date and place of the hearing five days before the date of the Arbitral Tribunal. If the applicant refuses to appear at the hearing without justifiable reasons or withdraws from the hearing without the consent of the arbitral tribunal, the claimant shall be dismissed from the hearing at its own discretion, and a default award may be made against the respondent.

4. Arbitration and mediation: The arbitral tribunal shall first mediate when dealing with labor disputes, and promote the parties to reach an agreement voluntarily on the basis of ascertaining the facts. If an agreement is reached through mediation, the arbitral tribunal shall prepare a mediation statement based on the content of the agreement, which shall have legal effect from the date of service; If no agreement is reached through mediation, the arbitral tribunal shall make a ruling in a timely manner.

5. Arbitral award: The arbitral tribunal shall conclude the decision on a labor dispute case within 45 days from the date on which the arbitration application is accepted by the labor arbitration commission. Where the case is complicated and an extension is required, an extension may be granted upon approval and the parties may be notified in writing, and the extension period shall not exceed 15 days.

After the award of the arbitral tribunal, it shall prepare an arbitration statement and serve it on both parties. If a party is dissatisfied with the arbitral award, it may file a lawsuit with the people's court within 15 days from the date of receipt of the award; If no prosecution is filed at the expiration of the time limit, the ruling shall take legal effect.

If it is a wage arrears, you can apply for labor arbitration, you need to prove that you are an employee of the company, if it is a private economic dispute, you can go to the court to sue, you need to prove the existence of the dispute.

1. Hello, you belong to a private lending dispute, if the interest is agreed, you can claim the interest within the scope of the law.

2. If the repayment cannot be negotiated, it is recommended to entrust a lawyer in time and collect evidence under the guidance of the lawyer.

3. Materials should be collected in a timely manner to file a lawsuit, and the statute of limitations is generally two years, and after the statute of limitations, the right to win the lawsuit may be lost.

If it is not a wage arrears, it is not possible to apply for labor arbitration.

1. Can I directly apply for labor arbitration if I am in arrears of wages?

1. In case of wage arrears, the worker may apply to the arbitration commission with jurisdiction for labor arbitration on wage disputes. The limitation period for applying for arbitration is one year. The limitation period for arbitration is calculated from the date on which the employee knows or should know that his or her rights have been infringed.

If a dispute arises between the properties of the labor relationship due to arrears of labor remuneration during the duration of the labor relationship, the employee's application for arbitration shall not be subject to the above-mentioned limitation period for arbitration. However, if the employment relationship is terminated, an application for arbitration shall be filed within one year from the date of termination of the employment relationship.

2. Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China.

The employer shall, in accordance with the provisions of the labor contract and state regulations, pay the labor remuneration to the employee in full and in a timely manner.

If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

Article 44 of the Labor Law of the People's Republic of China.

Under any of the following circumstances, the employer shall pay the employee a wage higher than the employee's normal working hour wage in accordance with the following standards:

1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wage shall be paid;

2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory holiday, a wage remuneration of not less than 200 percent of the wage shall be paid;

3) If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

Article 45 The State implements a system of paid annual leave. Shoot up.

Employees who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by ***.

2. What should I do if the work unit has not signed the contract and is in arrears of wages.

If the employee is in arrears of wages without signing a contract, he or she can generally protect his or her rights in the following ways:

1. Negotiate with the employer;

2. Complain to the labor administrative department;

3. Apply for mediation to the mediation organization;

4. Apply to the Labor Dispute Arbitration Commission for arbitration;

5. If you are dissatisfied with the arbitral award, file a lawsuit with the people's court, or directly request a payment order from the people's court.

No. If the arrears of wages can be paid through negotiation with the employer, labor arbitration is not required. However, if the employer still does not pay wages after negotiation, the employee may file a complaint with the labor administrative department or apply to the Labor Dispute Arbitration Commission for arbitration.

Therefore, wage arrears are not subject to labor arbitration.

Article 27 of the Law on Mediation and Arbitration of Labor Disputes The statute of limitations for applying for arbitration of labor disputes 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. The statute of limitations for arbitration provided for in the preceding paragraph is 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 a party cannot 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.

The question of what to do in any case of labor arbitration is as follows: According to the regulations, the arbitral tribunal shall decide a labor dispute case within 45 days from the date on which the labor dispute arbitration commission accepts the arbitration application. If the case is complicated and requires an extension, it may be extended with the approval of the chairman of the labor dispute arbitration commission and the parties may be notified in writing, but the extension period shall not exceed 15 days.

If the arbitral award is not made within the time limit, the parties may file a lawsuit with the people's court on the labor dispute. ”

Article 51 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China The parties shall perform the legally effective mediation documents and awards in accordance with the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for enforcement in accordance with the relevant provisions of the Civil Procedure Law. The people's court accepting the application shall enforce it in accordance with law.

An application for arbitration may be made, but if there is no arbitration agreement between the two parties and one party applies for arbitration, the arbitration commission will not accept it. Arbitration refers to a way for the buyer and the seller to enter into a written agreement before or after the occurrence of a dispute to voluntarily submit the dispute to a third party agreed by both parties for adjudication in order to resolve the dispute.

Article 4 of the Arbitration Law of the People's Republic of China The parties to the arbitration settlement of disputes shall reach an arbitration agreement on their own volition. In the absence of an arbitration agreement, if one party applies for arbitration, the arbitration commission shall not accept it.