The employer sues after labor dispute arbitration

Yes. If the employer is dissatisfied with the arbitration award after the labor relationship is confirmed by arbitration, it may file a lawsuit with the People's Court within fifteen days from the date of receipt of the arbitration award. Labor dispute cases shall be under the jurisdiction of the grassroots people's court where the employer is located or where the labor contract is performed. If the place where the labor contract is performed is unclear, the basic people's court where the employer is located shall have jurisdiction.

After the labor arbitration, if the enterprise appeals to the court, the workers should respond promptly and write a written reply to ensure that the arbitration result is reasonable and legal, but the prerequisite must also be legal. Anyone who is not satisfied with the arbitration can file a lawsuit in court.

1. What should an enterprise do if it appeals to the court after labor arbitration?

If one party is dissatisfied with the labor arbitration award and sues to the court, he or she can sign for it by stating that the award is beneficial to him or her. After receiving the response materials, you can actively respond to the appeal and write a defense statement to emphasize that the award is correct.

If the company is dissatisfied after the labor arbitration, it will be brought to court. After the court's first-instance judgment, if both parties or one party is dissatisfied, they can appeal again, and the second-instance judgment will be final. If the parties are dissatisfied with the labor dispute arbitration award, they may file a lawsuit in court within 15 days from the date of receipt of the award, unless the award is effective as required by law.

2. What issues should be paid attention to when preparing a statement of defense?

The statement of defense in labor dispute arbitration is submitted to the labor dispute arbitration committee by the respondent in the labor dispute arbitration case. A legal document stating one's opinions and facts. Issues that should be paid attention to when preparing a response and defense letter are:

1. The arbitration committee shall review the appeal within 7 days from the date of receipt of the complainant’s application for labor dispute arbitration, and then make a decision on whether to accept it. Decide. If it is decided to accept the case, a notice of case acceptance and a notice of response shall be sent to the complainant and the respondent within 7 days from the date of the decision. At the same time, a copy of the complaint shall be served on the respondent, and the respondent shall be required to file a complaint within a time limit. Statement of defense.

2. The respondent shall submit a statement of defense and relevant evidence within 15 days from the date of receipt of a copy of the complaint.

3. The respondent should put forward a reply to the requests, facts and reasons in the complaint, and at the same time cite relevant laws, regulations, policy provisions and relevant evidence to refute, so as to explain the complainant's case. The claim has no rationality or legitimacy.

4. Reply is a right of the respondent, that is to say, he can exercise it or give it up. This is entirely decided by the respondent himself, and others are not allowed to interfere. You can also choose the mode of defense. You can defend yourself orally or in writing. You can defend yourself during the preparatory stage of the arbitration or during the arbitration.

5. If the respondent is from an organization, the full name of the organization should be stated, signed by the legal representative or principal responsible person and stamped with the official seal of the organization.

Legal Basis

"Labor Dispute Mediation and Arbitration Law"

Article 48

Workers' opinions on Article 47 of this Law If you are not satisfied with the arbitration award stipulated in Article 1, you may file a lawsuit with the People's Court within fifteen days from the date of receipt of the arbitration award.