What Are The Ways To Solve Labor Disputes With Working Units?

It is a very realistic question how to properly protect our legitimate rights and interests when disputes occur with the working units.

There are four ways to deal with labor disputes in China: negotiation, mediation, labor arbitration and labor dispute trial.

1. the two sides themselves

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The two sides make their own settlement through consultation. It is the way that the parties should first strive for settling disputes.

The parties to a negotiated settlement will be unable to reach agreement on the basis of voluntariness, unwilling to negotiate or after consultation. The parties may choose mediation and arbitration procedures.

2. mediation.

The parties may apply for mediation to the labor dispute mediation committee of the enterprise.

The conciliation proceedings are voluntary.

Only when both parties agree to apply for mediation, will the mediation committee accept the case; the parties may directly arbitrate without mediation.

Trade unions and enterprises should not apply for conciliation proceedings because of disputes arising from performing collective contracts. The parties should apply directly.

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3. if there is no agreement between the two parties through mediation, one or both parties may apply to the local labor arbitration commission for arbitration.

Arbitration applies to all kinds of disputes, but disputes arising from the signing of collective contracts shall be dealt with by the labour department in consultation with the parties concerned, and shall not apply.

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In addition to such disputes, arbitral proceedings are mandatory procedures for other disputes.

That is to say, as long as one party applies for arbitration and meets the conditions of acceptance, the Arbitration Commission shall accept it; if a party wants to sue the court, it must first go through the arbitration procedure and the labor dispute case without arbitration procedure, and the people's court shall not accept it.

4. court trial.

If a party refuses to accept the arbitral award, he may bring a suit to the local people's court at the basic level.

The court trial procedure is the final procedure for handling labor disputes, and the system of ending the two trial is implemented.

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Xiao Zhang: I am an employee of an enterprise. I have worked for 3 years.

According to the law, I can enjoy 5 days of annual leave.

In March of this year, I was treated for sick leave for a month.

After returning to work, the company told me that due to the request for leave, the company could not enjoy the annual leave this year.

Excuse me, can I enjoy the annual leave in this case?

Lawyer: you can take your annual leave. The company's view is wrong.

The fourth article of the regulations on paid annual leave for employees clearly stipulates: "workers who do not enjoy the annual leave of the year under one of the following circumstances: (1) the workers enjoy the winter and summer vacation according to law, and the number of days off is more than that of annual leave days; (two) the employees have to ask for a leave of absence for more than 20 days, and the single person does not deduct wages according to the regulations; (three) the workers who have accumulated a full year's work for less than 10 years have accumulated two months or more of their leave; (four) employees who have worked for 10 years or less than 20 years have received more than 3 months' leave; (five) employees who have worked for more than a year have been away for more than a month.

In combination with your situation, if you work for 3 years, ask for sick leave to accumulate for less than two months, so it will not affect its annual vacation.