What if the arbitral tribunal loses the case?

There are winners and losers in labor arbitration. No matter how well prepared the workers are before the arbitration and during the trial, even if they entrust a professional lawyer at a high price, it does not mean that the arbitration will definitely win. Because the result of labor arbitration is ultimately decided by facts, evidence and trial.

What should I do if I lose the labor arbitration? Is losing the arbitration a complete failure? The answer is definitely no.

Correct coping style after losing the case:

First, adjust your mentality and don't complain.

Almost all workers are very resistant to losing arbitration, especially those who have entrusted lawyers. Contrary to the result of losing the case, I hate the company even more, and even suspect that my lawyer has been bought, and the arbitrator has been bought, and I feel that the world is unfair.

The law is unfair. As a result, a considerable number of workers quit. This mentality is not desirable. Believe in the fairness and justice of the law, believe that justice will be publicized, and believe that your boss, your unit is not so capable and absolute monarch. I believe most people are kind.

Second, study the ruling and analyze the reasons for losing the case.

It is particularly important to analyze the reasons for the failure, which is the wrong arbitration request; There are still problems in the way of proof, and the evidence is insufficient, insufficient and incomplete, which conforms to the three characteristics; Or their own or entrusted lawyers do not fully understand the legal provisions on which they are based, and there are deviations from arbitrators.

These three points are basically the main reasons for losing the case. Only by analyzing the reasons can we know where our shortcomings are and strengthen ourselves.

Third, go to the court to consider whether to entrust a lawyer or change lawyers.

There is no lawyer at the arbitration stage. After analyzing the reasons for the failure, workers need to consider whether they have the ability and energy to face the next litigation stage. If not, you can consider entrusting a lawyer.

If the ability of lawyers is not recognized at the arbitration stage, workers can also change lawyers. Note: it is immoral to say that it is guaranteed to win. Consult as many lawyers as possible before deciding who to entrust.

Fourth, considering the cost, whether to continue the court proceedings.

Arbitration and litigation of labor disputes is still an economic account, whether the expected income is greater than the cost of their own investment, including time cost, energy cost and money cost. Simply put, if you win, what do you get? If you lose, can you bear what you lose? Do you think it is necessary?

This issue should be carefully considered before arbitration, and also after losing the arbitration.

Five, study the evidence submitted by the employer in the arbitration stage.

It is necessary to strengthen the evidence submitted by oneself and have a clear purpose. But we can't ignore the evidence submitted by the employer. In the arbitration stage, the employer often only submits evidence when the court is in session, and carries out evidence surprise. Workers can't know the evidence of the employer in advance, and they are often caught off guard. Afterwards, they must calmly study the authenticity, legality and relevance of the evidence submitted by the employer.

Sixth, don't miss the prosecution time.

Article 50 of the Labor Dispute Mediation and Arbitration Law If a party refuses to accept the arbitration award of other labor dispute cases other than those stipulated in Article 47 of this Law, he may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award; If no prosecution is brought at the expiration of the time limit, the ruling will take legal effect.

The prosecution time 15 is calculated from the date of receipt of the award, including non-working days. At present, many awards are distributed by SMS, email or express delivery. Time starts from the receipt of information, mail, express delivery (to the post office or express delivery cabinet, as long as the receipt is displayed, regardless of whether it is actually delivered to me).

Losing arbitration does not mean losing.

Labor disputes are often a protracted war, and the award of labor arbitration is not necessarily the final result. The system of one trial and two trials is to minimize the impact of human intervention. As long as it is reasonable and legal, as long as there is evidence, I believe victory is ahead.

Come on, comrades!