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Arrears skills and short message sentences
If the employer is in arrears with wages, the laborer may complain to the labor security supervision department, apply to the court for a payment order according to law, negotiate with the employer, or ask the trade union or a third party to reach a settlement agreement with the employer through consultation; Unwilling to negotiate, failing to negotiate or failing to perform after reaching a settlement agreement, you may apply to a mediation organization for mediation; Unwilling to mediate, failing to mediate or failing to perform after reaching a mediation agreement, you may apply to the Labor Dispute Arbitration Committee for arbitration; Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.
Generally no one wants to have a labor dispute. Once it happens, understand the correct handling process.
The procedures for handling labor disputes are usually consultation, mediation, arbitration and litigation.
1, performance of mediation agreement
(1) If one party fails to perform, the other party may apply for arbitration according to law.
(2) If a mediation agreement is reached on labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, and the employer fails to perform it within the agreed time limit, the employee may apply to the court for a payment order with a mediation letter.
2. Labor dispute arbitration principle: one-time award principle; Principle of collegiality; Coercive principle
3. Arbitration Tribunal: The arbitration tribunal shall try labor dispute cases under the leadership of the Arbitration Commission and implement the system of one case and one court.
The arbitration tribunal consists of a presiding arbitrator and two arbitrators. Simple cases can also be tried by an arbitrator alone.
4. The limitation period for applying for labor dispute arbitration is 1 year.
Exception: disputes over unpaid labor remuneration are not limited by 1 year;
However, if the labor relationship is dissolved, it shall be proposed within one year from the date of dissolution of the labor relationship.
5. Acceptance: within 5 days from the date of receiving the arbitration application;
A copy of the arbitration application shall be served within 5 days after acceptance;
Submit your defense within 10 days.
6. Trial: If the applicant refuses to appear in court without justifiable reasons or withdraws in the middle, it will be deemed to have withdrawn the application;
If the respondent refuses to appear in court without justifiable reasons or withdraws from court halfway, it may make a ruling by default.
If some facts are clear, you can make a ruling on that part first.
7. Enforcement: If a party refuses to accept the arbitration award, it may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award.
If one party fails to perform, the other party may apply to the people's court for compulsory execution.
If the boss is in arrears with his salary, he should ask the other party for money in time and travel to China. Com has one-on-one discussion with lawyers to find a solution.
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