Joke Collection Website - Blessing messages - What if there is no news of labor arbitration for one month?
What if there is no news of labor arbitration for one month?
1. Confirm the receipt. When you submit the corresponding materials, the arbitration institution will give you a reply, and the calculation period will start from the receipt of the reply;
2. Wait patiently. The absence of news does not mean that the arbitration institution has not acted. Under normal circumstances, after receiving your application, the arbitrator will send the materials to the other party in accordance with the procedures, ask the other party to give evidence, and then determine the time of the court session. If the evidence has been received and the scheduled time has been determined, I will send you a subpoena, and then you will receive the message. Here, the time limit for delivery and proof to the other party will add up to 20 days. It is normal to inform you after 20 days, and it may be later. After all, you are not the only one.
3. Telephone inquiry. Of course, if you are not at ease, you can call the staff to ask about the progress according to the receipt.
The materials required for applying for labor arbitration are as follows:
1. A detailed explanation of the application for labor arbitration and the factual reasons for the application, in duplicate or according to the number of respondents;
2, the applicant's identity certificate and a copy;
3. If there is an entrusted agent, it is necessary to personally sign and submit the power of attorney, indicate the entrusted matters, and submit a copy of the entrusted agent's ID card. The agent of the client is a practicing lawyer sent by a law firm; A copy of the certificate of practicing lawyer should be provided: if the agent of the client is a citizen, the free agency agreement signed with the client and the legal information on the relationship between the agent and the client should be provided;
4. industrial and commercial registration information of the respondent;
5. Proof of labor relationship between the applicant and the respondent; Proof materials include: labor contract, temporary residence permit, work permit, factory label, work card, salary table (table), employment registration form and deposit receipt; And the punishment certificate and the notice or certificate of dismissal, expulsion, dismissal, dissolution (or termination) of labor relations. When the applicant submits the certification materials, one original and one copy shall be attached, and the original shall be returned after examination;
6. The list of evidence materials submitted is in duplicate.
To sum up, if the Arbitration Commission refuses to accept the application for labor arbitration or fails to make a decision within the time limit, the applicant may bring a lawsuit to the people's court on the labor dispute. The accepted labor arbitration shall serve a copy of the application to the respondent within five days from the date of making the award, and an arbitration tribunal shall be formed. If it decides not to accept it, it shall inform in writing the reasons for not accepting it. The respondent shall submit the defense and relevant evidence within ten days from the date of receiving the copy of the application. If the defendant fails to submit the defense on time, it will not affect the trial of the case.
Legal basis:
"People's Republic of China (PRC) labor dispute mediation and arbitration law" article 6.
In the event of a labor dispute, the parties have the responsibility to provide evidence for their claims. If the evidence related to the disputed matters belongs to the management of the employer, the employer shall provide it; If the employer fails to provide it, it shall bear the adverse consequences.
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