Is it difficult for the worker to find a job after applying for labor arbitration or complaining to

Updated on society 2024-07-12
16 answers
  1. Anonymous users2024-02-12

    The process of finding a job is the whole process of double selection, and the preferences of the employer are not something you can controlIf the employer feels that this is very important, then it undoubtedly feels that its own employment risk is very large, and there is a greater possibility of violating labor laws and regulations, so it will be afraid of employees mentioning lawsuits, it is the employer who I think too much, in fact, there is no too harmonious unit, if there is no way, the similar unit should not be your first choice! Reasonable and lawful complaints are the basis of every Chinese citizen's right to personal liberty, if your right to dominance is violated.

    In order to better find the next job, you choose patience or give up dominance, which is actually a kind of evasion of responsibility for yourself, so it is difficult to hope that you can take responsibility for the company's rights! At the same time, it will also promote the arrogance of the former old club, and make a large number of people suffer from confusion. Such cases are basically made public, except in special circumstances where they may not be published.

    In other words, you can find out if you have worked for a company, and you can only find out if you have your ID number and name. Many companies take advantage of loopholes.

    According to the minimum level of commercial insurance to pay employees, to save costs, but personal income tax is advantageous to the company, so the company requires employees to pay personal income tax to the maximum extent. There is also the content of our previous work is often traveling, statutory holidays are generally at work, and then can make up for the rest, so many employees resign in the process of resignation will have many holidays and not off, the company is to compensate according to the working day. To apply for arbitration, at this stage, some provinces require official documents to be online, and this part of the official documents is online.

    Naturally, everyone can be queried from the Internet. When you file a lawsuit with the court, most of the judgment documents will be online, and all people can find them from the Internet. For some major positions, the new unit will carry out a background investigation when recruiting, and if the employee has filed a labor arbitration or lawsuit, it is very likely that the employee will refuse to accept the job with certain excuses.

    But don't worry, because labor arbitration also has a reason. When recruiting a new employer, it is also necessary to look at the reason for the employee's application for arbitration at that time. It is impossible for an honesty-based, compliance-managed employer to care whether an employee has filed a lawsuit.

  2. Anonymous users2024-02-11

    This view is incorrect, because labor arbitration is a problem in its own contract and needs to protect its own rights and interests, not because it is difficult to find a job after labor arbitration. Enterprises will not discriminate against employees, regular enterprises.

  3. Anonymous users2024-02-10

    Of course not, after the labor arbitration, it will not have any impact on your personal work experience, and it will not affect your job search.

  4. Anonymous users2024-02-09

    This is indeed the case, because the later companies will consider whether they will encounter the same problem, and in order to avoid trouble, they may not hire you.

  5. Anonymous users2024-02-08

    Legal Analysis] has no impact. Applying for labor arbitration or filing a labor lawsuit is to protect your legitimate rights and interests, and as long as you protect your rights in accordance with laws and regulations, it will not have a negative impact on your future work. Some workers are worried that arbitration proceedings will enter their files, which will not help them find jobs in the future.

    In fact, labor arbitration is not conducted in public, and the results of the arbitration will not be published on the Internet, let alone recorded in the individual's file. In fact, there is no impact on applying for labor arbitration, because no company has the right to see the record of applying for labor arbitration, that is to say, as long as it does not say that it has arbitration experience, the company will not know. After all, the purpose of applying for labor arbitration is to protect one's own rights and interests, and if the new employer refuses to use the worker because it has applied for labor arbitration, it means that the new unit itself has many illegal places, and it is worried that the worker will also apply for labor arbitration, so it will not be hired.

    Rather than joining a company that worries employees about applying for labor arbitration, it is better to find a formal and legal company, after all, applying for labor arbitration is time-consuming and labor-intensive.

    Legal basis] Labor Dispute Mediation and Arbitration Law of the People's Republic of China Article 3 The settlement of labor disputes shall be based on the facts, follow the principles of legality, fairness, timeliness and emphasis on mediation, and protect the legitimate rights and interests of the parties in accordance with the law. 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.

  6. Anonymous users2024-02-07

    Applying for labor arbitration has no impact on finding a job in the future, you don't think so much, listen to the company's HR, scare you, bells and whistles tell you, if you are labor arbitration, companies in the same industry will not like it when they see you have this record in the future, and they will scare you if they want to face youNone of your peers can see that you have applied for labor arbitration. <>

    Because there are two protection procedures when you apply for labor arbitration, one is that you can request labor arbitration on the grounds of citizens' personal privacy, and the internal adjustment is not open to the public, that is, only you and the company, and then there is one arbitrator, and the organization of arbitrators is generally one or three such situations, except for a few of you no one knows, and the other is that the result of your arbitration will not be onlineThere is no public channel to inquire whether you have done labor arbitration, and this information will not be disclosed on the Internet. <>

    The only risk is that if you have the company after the labor arbitration he will receive, the result is that before the judgment reaches the company, the company has to follow the arbitration to execute, he does not know that it does not matter if it reaches a certain amount of time, you can go to the people's court to apply for enforcement, the company has the enforcement of the public account regardless of whether he agrees with it or not, otherwise why is he called it enforcement, so the company does not dare to do it with the labor arbitration, he should give you the money he should give you in the endIt's nothing more than that this HR may say which employee went to labor arbitration in their internal ***, and sued us, you should be careful in the future and so on. <>

    It doesn't matter, really, you can think about it yourself, if a company he has done labor arbitration because of a person, and then he does not hire this person, then do you think that the company has a problem, the clear person is clear, if the company itself has no problems, why is he afraid of labor arbitration? There is nothing wrong with him himself, where do you go to fight him, it is reasonable,If he rejects such a person, it proves that there is a problem with this company, you don't need to go to such a company, you don't have to stay here.

  7. Anonymous users2024-02-06

    As for the impact of applying for labor arbitration on job hunting, I personally believe that it cannot be simply judged that there is no impact or a great impact, which is directly related to the cause of the labor dispute and the new company's understanding of the matter.

    All in all, it does have some impact. From an HR perspective, I am more concerned about the causes of labor disputes. If it is an obvious illegal act such as arrears of wages, illegal dismissal and non-payment of economic compensation, etc., I think it is completely reasonable for workers to defend their rights.

    At present, there are some workers who "excessively defend their rights" or "encounter porcelain in their profession". The so-called excessive rights protection refers to the behavior that when the company negotiates with the employee in good faith, the employee insists on the "2N" economic compensation, complains and reports without agreeing to the conditions, and tries to force the enterprise to comply through **.

    As for whether labor arbitration is required, considering the impact on subsequent employment, if the company is able to pay "n" or "n+1" times the severance in accordance with the Labor Contract Law in accordance with the Labor Contract Law, I think this is an attitude to solve the problem, which is acceptable, and there is no need to go through arbitration procedures. If the enterprise is to violently lay off employees or transfer jobs, I personally recommend that you can collect evidence without hesitation and go through labor arbitration procedures.

  8. Anonymous users2024-02-05

    Legal analysisApplying for labor arbitration will not have an impact on finding a job in the future. The role of labor arbitration is to resolve labor disputes in a fair and timely manner, protect the legitimate rights and interests of the parties, and promote the harmony and stability of labor relations.

    Therefore, it will not affect the person's job search, but will protect the person's right to work.

    Legal basisArticle 1 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes is formulated in order to resolve labor disputes in a fair and timely manner, protect the legitimate rights and interests of the parties, and promote the harmony and stability of labor relations. 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 or 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 provided for by laws and regulations.

    Article 51: The parties shall perform on legally effective mediation documents or rulings within 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.

  9. Anonymous users2024-02-04

    Nothing has an impact. Because this thing is not visible to most companies, and they will not investigate this thing.

  10. Anonymous users2024-02-03

    The impact on finding a job in the future is still relatively large, because the new company will also look at your background check, if you find that you are particularly easy to apply for labor arbitration, there may be some considerations, may not easily admit you, but labor arbitration is also to protect your legitimate rights and interests, if you encounter unfair things, you must be brave to apply for labor arbitration.

  11. Anonymous users2024-02-02

    There will be a record of the labor arbitration and it will not affect the future job search. The role of labor arbitration is to resolve labor disputes in a fair and timely manner, protect the legitimate rights and interests of the parties, and promote the harmony and stability of labor relations. Therefore, it generally does not adversely affect the employee's future job search.

    Arbitration refers to the act of submitting a dispute to a neutral third party outside the dispute, who mediates and adjudicates the dispute between the parties. According to the different applicable objects, arbitration can be divided into civil and commercial arbitration, maritime arbitration, international dispute arbitration, etc. Labor dispute arbitration is a type of arbitration system that aims to resolve labor disputes.

    Labor dispute arbitration not only has some common characteristics of the arbitration system, but also has its own particularities.

  12. Anonymous users2024-02-01

    It doesn't have any impact on the work. Because you are defending your rights because you have been treated unfairly, it will not affect your job search in the future. You can resign immediately and let the company compensate you.

    Your actions will not be recorded in the file, so it will not have any effect.

  13. Anonymous users2024-01-31

    There will be no impact, and this labor arbitration is also a way to protect the legitimate rights and interests of the employee, and will not affect his subsequent working environment or the content of his subsequent job search.

  14. Anonymous users2024-01-30

    There are some difficulties when looking for a job. There are some workplaces that are reluctant to accept such employees and prefer employees who are submissive. Employees who are certainly not willing to accept losses for their own company.

  15. Anonymous users2024-01-29

    Applying for labor arbitration has no impact on future workYou can resign immediately, notify the company 30 days in advance, and leave after 30 days.

    According to Article 82 of the Labor Contract Law, if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

    If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

    Superiority. The legal system of labor arbitration has certain advantages, including:

    Shortcut. Expeditious refers to the use of arbitration to resolve disputes, with simple procedures and relatively short time. Labor disputes need to be dealt with quickly, and the parties are generally reluctant to spend a long time and a lot of energy on dispute resolution, and arbitration is just to meet this requirement.

    Strong professionalism. The arbitrators participating in the arbitration are experts from labor and law and have rich experience in handling labor disputes, which is conducive to improving the quality of arbitration cases. However, if the parties fail to perform the arbitral award after the arbitral award has taken legal effect, the arbitration institution cannot enforce it, and the parties can only apply to the people's court for compulsory enforcement.

  16. Anonymous users2024-01-28

    Legal analysis: Applying for labor arbitration has no impact on future work, and you can resign immediately, notify the company 30 days in advance, and leave after 30 days. If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

    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 or 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 provided for 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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