Detailed process of labor arbitration mailing

under what circumstances can I apply for labor arbitration? Answer: Employers can apply for labor arbitration when they infringe on employees' rights. For details, please refer to Chapter 1 General Provisions Article 2 Scope of Application 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 workers in the People's Republic of China and China: (1) Disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts; (3) Disputes arising from delisting, dismissal, resignation and resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection; (five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation; (six) other labor disputes as prescribed by laws and regulations. Take myself as an example: the company wants to lay off employees, I don't recognize the company's compensation plan, and then the company forces me to wait for the post. Article 2, which belongs to the scope of application above, is about changing the labor contract, and it is only effective if both parties reach an agreement through consultation. It is obviously illegal for the company to force me to wait for a job unilaterally, so I did not hesitate to go to arbitration directly.

the specific process of arbitration: 1. collect the most direct evidence of the company's infringement of employees' rights. there is not much evidence in this step, but only the key evidence. 2. Prepare your ID card, labor contract and key evidence, and submit an arbitration application to the local arbitration court. Under normal circumstances, arbitration should be conducted in the administrative arbitration court where the company is registered. However, if the company's registered place and actual office are not in the same place and cross administrative regions, priority should be given to the arbitration court in the actual office.

3. The arbitration application can arbitrate multiple companies, provided that the employee's labor contract is related to multiple companies, and the corresponding arbitration application has multiple templates. Please ask the staff of the Arbitration Institute for it. Take my own application as an example. The difference between the two application templates is that the number of respondents is different (this is a pit I have stepped on). After the first court hearing, the arbitration court said that I sued the wrong company and the respondent was wrong, so I dropped the lawsuit and re-applied for arbitration. The reason is that during my work in Company A, Company A advocated changing the labor contract from Company A to Company B, and signed a tripartite agreement, namely the labor contract change agreement. I arbitrated with Company A for the first time, and it was Company B who paid social security for me at that time. Legal application Company B is the respondent, or Company A and Company B are both the respondent. The information of the company, the staff of the arbitration court accepting the case will print out the information of the company, and then circle the information you need for you to fill in. Laborers can also check and fill in the APP checked by Tianyanchai or Enterprise. There is a template for the request. There will be a reference template on the desktop where the application is filled out in the lobby of the Arbitration Institute, and the words I left on the application can also be used as a template. Write down the requirements of the arbitration application at one time as far as possible. After the hearing, try not to add an arbitration request, because this will give the company an extra 15 days to reply, and then choose a second hearing, which will take time and energy (this is also a pit I have stepped on). The facts and reasons should be filled in on the back of the application, and the arbitration court also has a template for reference. The template in the first paragraph is: I took the post of xx in xx Company on xx, xxxx, and both parties signed (or didn't sign) a labor contract. The contract period is from xx, xxxx to xx, xxXX, and the agreed salary is XX yuan/month, and the agreed working hours system is standard working hours system (or other working hours system). On xx, xx, xxxx, a labor dispute occurred in xx (dismissed or waiting for work, fill in according to your actual situation). The following paragraph briefly explains what kind of behavior the company used to infringe upon the legitimate rights and interests of workers, so that the arbitration court can have a general understanding of the situation. After the application is confirmed, you can take your ID card to the machine to get the number, similar to the number machine in the bank lobby. When the number is called, you can go to the window to submit the prepared materials. After the materials are submitted, the staff will give you a notice of accepting the case in advance. After about two working days, you will receive the notice of acceptance, the notice of proof and the notice of opening the court, and the court will open within one month from the filing of the case. (The time of different arbitration tribunals will vary)

4. Read the contents of the above notice carefully, and then prepare the evidence materials patiently and carefully. The evidence is the most important. Remember, this is the basis for the arbitration court to rule the facts. If you produce solid and powerful evidence, the law will certainly protect your legitimate rights and interests. There is a template for the list of evidence materials. The following is my list of evidence materials. I personally added a note. The evidence is easy to classify, and similar evidence can prove a fact, which can make the arbitrator clearly see your list of evidence. All the evidence is in triplicate, one for the arbitration tribunal, one for the company and one for itself. The more comprehensive and detailed the evidence, the better. Print it out, so that it is convenient to sign the evidence number and name and bind the evidence. It is better to print the page number of the paper document of evidence, which is more convenient for the arbitration tribunal to locate the evidence position quickly. The recording should be recorded on a CD (just two copies), and the recording should have corresponding written dialogue records. Format: Recording location: xxx Recording time: xx, xx, xx, xx recording tool: mobile phone (or other tools, you should bring this original carrier after the court session, and you will be required to play it in court) Both parties to the dialogue: xxx, Xxx (write down the position of the person you are talking to) Recorded content: :1 Zhang: xxxxxxxxxxx : 1 Me: XXXXXXXX : 3 Zhang: XXXXXXXXXXXX 1: 4 Me: XXXXXXXXXXX (write down every sentence in the recording for a few minutes and seconds, so as to be easy to locate) I have also prepared a testimony document to speak in court, which makes the testimony to be said clear. Because even if you are fully prepared in your mind, you will inevitably forget your words when you are in court, especially those who have experienced arbitration for the first time.

5. Don't leave your job until all the evidence is ready, because once you leave your job, your work account, email and corporate communication tools will be shut down, and it will be difficult to collect evidence. Here's my own experience: the company forced me to wait for my post in violation of the law. I mailed the Notice of Resumption of Work to the company through EMS (it must be postal EMS, SF Express, Zhongtong Express, etc.) (EMS should ask for a receipt when mailing, and the contents of the document should be clearly stated as "Notice of Resumption of Work"). When the company did not respond, I went to the arbitration court to submit an arbitration application without dissolving the labor contract, claiming economic compensation. The arbitration tribunal failed to reach an agreement on mediation of economic compensation in court. I asked for a hearing. After the hearing, because I added an application, the company requested a defense period. After the arbitrator announced the second hearing time, the arbitration was closed. The arbitrator asked me to go back and mail the Notice of Forced Termination of Labor Relations to the company first, and then continue the trial in the second session. The reason is: after the court hearing is announced, everything must be done in accordance with the legal provisions, and economic compensation and payment in lieu of notice can only be claimed after the labor contract is terminated. The termination of the labor contract is a necessary node for requesting economic compensation. Article 46 of the Labor Contract Law explains it. The termination of labor relations is an act advocated by the company or the laborer, and the arbitration court cannot decide to terminate labor relations. Therefore, at this step, you have to go to the post office to mail the Notice of Forced Termination of Labor Relations to the company through EMS, and then file a case with the Arbitration Institute, and the application for economic compensation is established. Therefore, before arbitration, you should decide whether you still want to stay in this company. If I wanted to, I mailed the Notice of Resuming Work to the company through EMS, claiming to resume work and make up the salary difference during the waiting period after the arbitration hearing. If you don't want to, you can mail the Notice of Forced Termination of Labor Relations to the company through EMS, and claim economic compensation after the arbitration hearing. You can also mail the Notice of Resumption of Work first, and the company will not respond when it receives the letter, or you can prove that the company does not provide working conditions, and then mail the Notice of Forced Termination of Labor Relations (it must be the EMS of the postal service, asking for the receipt and indicating the contents of the document), and the evidence chain will be complete.

6. please arrive at the arbitration court half an hour in advance, and don't be late. After the applicant and the respondent arrive here, according to the arbitration process, the arbitrator will mediate first. When the two parties reach an agreement on the mediation scheme, the arbitration tribunal can issue a conciliation statement, which will contain the compensation scheme and the compensation amount. This conciliation statement is legally binding, and the company will pay your compensation according to the law. If the company refuses to pay, it can apply to the court for enforcement. If mediation fails, the arbitrator will announce a trial, and your evidence will come in handy at this time. After the trial, the two sides exchange evidence, remember to ask the company's defense first, you can see what he has to say in his defense, circle his loopholes, and then find an opportunity to refute it. (Generally, evidence is exchanged before the trial, but the arbitration court in Yizhuang, Beijing is different, and it is exchanged in court.) The trial should be conducted under the auspices of the arbitrator and you can't speak at will. When an arbitrator asks you to answer a question, please answer truthfully, and don't cheat. Similarly, the arbitrator will also ask the company questions. The company's speech may be untrue or even reversed in black and white. Don't be angry, don't interrupt, let him speak, and write down the obvious mistakes in his speech on your paper. When the company has finished, raise your hand to indicate whether the arbitrator can make a statement himself. The arbitrator will say it if he wants to, and keep it for the subsequent cross-examination. Remember: be steady and don't rush to refute. After the arbitrator's question is finished, it will go to the cross-examination session. The company will take your list of evidence materials and specific evidence, and state each piece of evidence one by one in terms of authenticity and purpose. The company may continue to ignore the facts and say that he doesn't recognize the authenticity and purpose of your evidence. It doesn't matter. Don't refute him in a hurry. Make a mark on your list of evidence materials, such as evidence number 1, evidence number 2. The company says that the authenticity is recognized, but the purpose is not recognized. If your evidence is sufficient, the evidence chain is complete, and the facts to be proved on the list of evidence materials are clear and clear, you don't have to refute him. Of course, you can also refute it. After the company cross-examination, take out the testimony documents you prepared in court before, because they are prepared in advance, and the organization must be clear and calmly read. Next, it's time for you to cross-examine the evidence produced by the company, and you should also answer the authenticity and purpose of the company's evidence. If you don't recognize the authenticity and purpose, tell the reason why you don't recognize it, and it's best to refute it forcefully with your evidence. At the end of the cross-examination, the arbitrator will ask if there is anything to add, and if not, a court record will be issued. Read the transcript carefully. If you have any questions, make changes with the clerk's feedback and sign it after confirming that the transcript is completely correct. After that, you can leave and wait for the judgment of the arbitration court. They are all after-court judgments, and the results will usually be 45 to 6 days after the case is filed. The following is my company's defense: I feel that the company's legal affairs are racking their brains to argue, my evidence chain is clear and clear, and I am not bothered by this defense. The next step is to wait for the arbitration result.

7. I am still satisfied with the overall result of the arbitration court's award, waiting for the compensation to be paid.

8. The company didn't transfer money to me at the expiration of the enforcement performance period, so I applied for enforcement. The following link is the enforcement of the Raiders after the company won the labor arbitration.