Matters Needing Attention In Applying For Labor Arbitration

I. legal basis

The labor law of the People's Republic of China, the labor contract law of the People's Republic of China, and the labor dispute mediation and Arbitration Law of the People's Republic of China.

Two. Scope of acceptance

Labor disputes arising from enterprises, individual economic organizations, private non enterprise units and employed workers in this Municipality, labor disputes between state organs, public institutions, social organizations and workers who establish labor relations.

Three. Accepting matters

(1) disputes arising from the confirmation of labor relations;

(two) due to conclusion, performance, alteration, dissolution and

(three) disputes arising from delisting, resignation and resignation;

(four) working hours, rest and vacation, social insurance, welfare, training and so on.

(five) disputes arising from labor remuneration, medical expenses for work-related injuries, financial compensation or compensation.

(six) other labor disputes stipulated by laws and regulations.

Four. Materials to be submitted

(1) to submit labor disputes to the labor dispute arbitration committee.

1, the name, sex, date of birth, nationality, address and telephone number of the worker.

2. The name of the employer, the address of the unit, the name and duty of the legal representative.

3, the arbitration request and the facts and reasons.

4. Sources of evidence and evidence, names and residence of witnesses.

5. The name of the sending unit.

(two) submit the "labor dispute arbitration application" and submit the following materials to the labor arbitration committee: 1, a copy of the identity card; 2, labor relations related certificates; other supporting materials; 3, the applicant is the employer, the duplicate of the business license of the enterprise legal person, the identity certificate of the legal representative, and 4, the entrusted agent shall submit the power of attorney.

An attorney who submits a letter to a lawyer's office and a copy of the identity card of the agent.

Five. Acceptance and arbitration procedures

(1) submit an application for labor arbitration and relevant evidence.

(two) if the application meets the requirements, the Arbitration Commission shall decide whether to accept or reject the application within 5 days from the date of receipt of the application.

If the Arbitration Commission decides to accept the application, it shall, within 5 days from the date of its decision, serve the copy of the application to the respondent and form an arbitration tribunal. If the decision is not accepted, it shall explain the reason, and the applicant may bring a suit in the people's Court on the labour dispute.

(three) the respondent shall submit a reply to the labour dispute arbitration committee within ten days after receiving the copy of the arbitration application.

If the respondent fails to submit a written reply, it will not affect the arbitration proceedings.

The parties have the responsibility to provide evidence for their claims.

The evidence relating to the dispute is under the control of the employer, and the employing unit shall provide it within the specified time limit.

Where the employer fails to provide, it shall bear adverse consequences.

(four) labor dispute arbitration is carried out openly, but the parties' agreement is not open or involving state secrets, business secrets and personal privacy.

The arbitration tribunal will notify the parties in writing of the date and place of the court five days before the hearing.

If the parties have justified reasons, they may ask for extension of the hearing three days before the hearing.

The labor dispute arbitration committee shall decide whether to postpone it.

(five) if a party refuses to appear in court without proper reasons, or fails to comply with the consent of the arbitral tribunal, the applicant may fail to decide in accordance with the application for withdrawal.

(six) the arbitration tribunal shall first mediate in handling labor disputes, and, on the basis of finding facts, urge the parties concerned to reach an agreement voluntarily, and make the mediation agreement with the contents of the agreement.

If mediation fails, or if a party fails to return a case before the mediation is served, the arbitral tribunal shall make a ruling in time.

(seven) the arbitral tribunal shall conclude the labor dispute case within forty-five days from the date of accepting the arbitration application by the labor dispute arbitration commission.

If the case is complicated and needs to be postponed, it may be postponed after approval, but the extension can not exceed fifteen days.

If the arbitral award is not made within the time limit, the parties concerned may bring a lawsuit to the people's Court on the labour dispute.