What is the department of labor arbitration and which department is labor arbitration

What is labor arbitration is explained below:

Arbitration refers to the act of submitting a dispute to a neutral third party outside the dispute, mediating the dispute between the parties, and making a decision. 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.

Labor arbitration refers to the mediation and adjudication of labor disputes by labor dispute arbitration commissions on the arbitration of labor disputes applied for arbitration by the parties. In China, labor arbitration is a necessary procedure for parties to a labor dispute to file a lawsuit in the people's court. According to the Labor Dispute Mediation and Arbitration Law, the party initiating labor arbitration shall submit a written application to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute.

Unless the parties apply for arbitration due to force majeure or other justifiable reasons, the arbitration commission shall not accept the application if the time limit for arbitration has expired as prescribed by law.

Legal Analysis: The labor arbitration department is under the jurisdiction of the Human Resources and Social Security Bureau (formerly the Labor Bureau) where the unit is located. Its main responsibilities are:

1. Do a good job in the arbitration of labor disputes, and deal with disputes arising from the dismissal, dismissal, dismissal of employees, and the resignation and voluntary resignation of employees. 2. Deal with disputes arising from the implementation of national regulations on wages, insurance, welfare, training and labor protection. 3. Deal with disputes arising from the performance of labor contracts and collective contracts, as well as other intentions stipulated by laws and regulations; Guide the mediation of labor disputes in towns and towns.

4. Do a good job in the enterprises, individual economic organizations and workers who have formed relationships with them in their jurisdictions, and verify the labor contracts signed by both parties. 5. Responsible for the state organs, institutions, social organizations and workers who have established labor contract relations with them in the district, and verify the labor contracts signed by both parties. 6. Complete other tasks assigned by superiors.

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.

The competent authority for labor arbitration is the Human Resources and Social Security Bureau where the employer is located.

The employee may apply to the labor arbitration commission for arbitration, and the arbitration commission will generally organize mediation between the two parties after acceptance, and if the mediation fails, the employee can skip the arbitration procedure and file a lawsuit directly with the people's court.

Labor arbitration is under the management of the Labor Bureau, and the Labor Bureau is under the management of the people at or above the county level, and its main responsibilities are:

1. Do a good job in the arbitration of labor disputes, and deal with disputes arising from the dismissal, dismissal, dismissal of employees, and the resignation and voluntary resignation of employees.

2. Deal with disputes arising from the implementation of national regulations on wages, insurance, welfare, training and labor protection.

3. Deal with disputes arising from the performance of labor contracts and collective contracts, as well as other intentions stipulated by laws and regulations; Guide the mediation of labor disputes in towns and towns.

4. Do a good job in the enterprises, individual economic organizations and workers who have formed relationships with them in their jurisdictions, and verify the labor contracts signed by both parties.

5. Responsible for the state organs, institutions, social organizations in the district and the workers who have established labor contracts with them to verify the Shiyan labor contracts signed by both parties;

6. Complete other tasks assigned by superiors. <>

Hello, labor arbitration is in the local Human Resources and Social Security Bureau (formerly the Labor Bureau).

According to Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, this Law shall apply to the following labor disputes between employers and employees 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.