How to deal with labor disputes, how to deal with labor disputes

Shared: 1. Elements and content of labor litigation The following conditions must be met: the plaintiff is a citizen, legal person or other organization with a direct interest in the case; There is a clear defendant; There are specific claims, facts, and reasons; It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants. The plaintiff shall pay the case acceptance fee in advance, and if the plaintiff applies for deferral, reduction, or exemption from payment, he or she shall submit a written application and attach proof of special hardship or other materials. The parties must correctly exercise their litigation rights in accordance with the law and provide the necessary litigation materials as required by the court.

II. Guidelines for Presenting Evidence in Labor Litigation Litigants should read the Notice of Presentation of Evidence in Civil Litigation Cases served by the court in detail, and comprehensively provide the court with evidence such as evidence that they believe can prove their claims or refute the other party in accordance with its provisions. The following is a guide to the scope of evidence in several labor dispute cases to provide you with reference for your litigation. (1) The general scope of evidence in labor litigation 1. The award of the labor arbitration commission and the date of service; 2. Proof of labor relationship; If the labor contract signed by both parties, the proof of employment and employment relationship, and the start and end dates of work and relevant certificates or other agreements between the parties shall be provided if the labor contract has not been signed.

3. If the person concerned is a citizen, he or she shall provide a certificate of resident status; If it is a legal person or other organization, it shall provide a business license, the identity certificate of the legal representative or the identity certificate of the person in charge. (2) The scope of evidence to be presented in labor disputes arising from the dismissal, dismissal, or dismissal of employees by the enterprise: 1. Notice of the decision of the enterprise to dismiss, remove or dismiss the employee, etc.; 2. If it is punished according to the internal rules and regulations of the enterprise, the corresponding rules and regulations shall be provided.

3. Relevant evidence materials of employees' violations of laws and regulations; 4. Employees' wages and bonus income; 5. If the training fee is involved, the employer must provide the specific basis for paying the training fee and the required service period. (3) The content of evidence for recourse to labor remuneration Provide relevant evidence such as the start and end date of labor and the specific amount of labor remuneration owed. (4) The model country for the presentation of evidence for labor disputes arising from labor insurance and labor protection

1. Relevant evidence of the enterprise's payment of endowment insurance and housing provident fund; 2. Wages and bonuses of employees; 3. Identification of employees' injuries and receipts of medical expenses, etc. III. Jurisdiction of Labor Litigation Labor dispute cases shall be under the jurisdiction of the basic people's court at the place where the employer is located or where the labor contract is performed, and if the performance of the labor contract is not clear, the basic people's court at the place where the employer is located shall have jurisdiction. The people's court at the place where the defendant is domiciled has jurisdiction over civil litigation initiated against citizens; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction.

The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against legal persons or other organizations. IV. Statute of Limitations for Labor Litigation The general statute of limitations for litigation is two years. That is, it is calculated from the date on which you know or should know that your rights have been infringed.

I have a dispute with my company, how can I resolve it?

Legal Analysis: Labor disputes are handled through negotiation, mediation, arbitration and litigation. After a labor dispute arises, the employee can negotiate with the employer and reach a settlement agreement.

Legal basis: "Law of the People's Republic of China on Arbitration and Mediation of Labor Disputes" Article 43 The arbitration tribunal shall adjudicate a labor dispute case within 45 days from the date of acceptance of the arbitration application by the Labor Assault Dispute Arbitration Commission. 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.

1. The two parties negotiate on their own. The parties should first seek to resolve the dispute through the negotiation party's self-settlement. Of course, the negotiation settlement is based on the willingness of both parties, and if the parties are unwilling to negotiate or cannot reach an agreement after consultation, the parties can choose the mediation procedure or the arbitration procedure.

2. Mediation procedure. The parties may apply to the labor dispute mediation committee where the employer is located for mediation. The mediation process is voluntary, and the conciliation committee can only accept the case if both parties agree to apply for mediation; The parties may apply for arbitration directly without going through mediation.

In addition, in the event of a dispute between the trade union and the employer over the performance of a collective contract, the mediation procedure is not applicable, and the parties concerned shall directly apply for arbitration.

3. Arbitration Procedure. If the parties fail to reach an agreement after mediation, one or both parties may apply to the local labor dispute arbitration commission for arbitration. The parties may also apply directly for arbitration.

The arbitration procedure is a mandatory procedure, that is, as long as one party applies for arbitration and meets the conditions for accepting the case, the arbitration commission shall accept the case; If a party wants to sue the court, it must first go through the arbitration procedure, and the people's court will not accept a labor dispute case that has not gone through the arbitration procedure.

4. Court trial procedures. If a party is dissatisfied with the arbitral award, he or she may file a lawsuit with the basic people's court of the current Zhaojin.

1. How to protect the company's rights by deducting wages.

1. Negotiation settlement: The employee and the employer directly negotiate on the issue of labor disputes, which is not a necessary procedure, and the two parties can negotiate or not, completely out of voluntariness. 2. To apply for mediation, the parties have applied to the labor dispute mediation committee for mediation of the labor dispute that has occurred. 3. Arbitration processing, the parties submit the dispute to the labor dispute arbitration commission for processing, if they want to file a lawsuit to fight a labor lawsuit, they must go through the arbitration procedure, and cannot directly file a lawsuit with the people's court.

4. Litigation resolution, that is, what we usually call litigation.

Article 79 of the Labor Law of the People's Republic of China provides that after a labor dispute occurs, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

The Law of the People's Republic of China on Labor Dispute Mediation and Arbitration stipulates that: Article 4 In the event of a labor dispute, the worker may negotiate with the employer, or may ask the labor union or a third party to negotiate with the employer and reach a settlement agreement. 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.

Negotiation, mediation, and application for labor arbitration are all acceptable. The choice is yours.

I have a dispute with my company, how can I resolve it?

Legal analysis: It can be handled through mediation, application for arbitration, filing a lawsuit, etc. 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 request mediation from the mediation organization Shen Shishi; Those who are unwilling to mediate may apply to the labor dispute arbitration commission for arbitration, or file a lawsuit in the people's court.

Legal basis: Article 5 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China 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 the arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided in this Law.

Labor dispute settlement method: negotiation between the employee and the employer; apply for mediation with a mediation organization; Apply to the Labor Dispute Arbitration Commission for arbitration; Dissatisfied with the arbitral award, file a lawsuit with the people's court. Labor dispute infiltration refers to the dispute between the parties to the Laoshan quarrel relationship due to the implementation of labor laws and regulations and the performance of labor contracts.

[Legal basis].Article 5 of the Law on Mediation and Arbitration of Labor Disputes.

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; Except as otherwise provided in this Law, a person who is dissatisfied with an arbitral award may file a lawsuit with the people's court.

Labor dispute settlement method: the worker negotiates with the employer; apply for mediation to grassroots people's mediation organizations, enterprise labor dispute mediation committees, or organizations with labor dispute mediation functions established in townships and neighborhoods; If the mediation fails, apply to the Labor Dispute Arbitration Commission for arbitration; Dissatisfied with the arbitral award, file a lawsuit with the people's court.

[Legal basis].Article 5 of the Law on Mediation and Arbitration of Labor Disputes.

In the event of a labor transportation dispute, if the parties are unwilling to negotiate, the negotiation fails, or they do not 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.