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What should I do after receiving the Notice of Acceptance of Labor Arbitration?
1. The ex-dividend date after receiving the notification of acceptance of labor arbitration is as follows:
(1) If the evidence is submitted within the time limit for adducing evidence, the respondent can submit a defense, and if mediation is needed, the arbitrator can be contacted in time, and those who do not want mediation can wait for a court summons;
(2) Collect evidence that can prove the existence of labor relations with the company and calculate the amount of compensation that the company should pay;
(3) If the company does not sign labor contracts with employees or pay insurance, it may demand compensation and compensation.
2. Legal basis: Article 30 of People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law.
After accepting the application for arbitration, the labor dispute arbitration commission shall deliver a copy of the application for arbitration to the respondent within five days.
After receiving a copy of the arbitration application, the respondent shall submit a written reply to the labor dispute arbitration committee within ten days. After receiving the defense, the labor dispute arbitration commission shall deliver a copy of the defense to the applicant within five days. The failure of the respondent to submit the written defense shall not affect the arbitration proceedings.
Second, what is the process of labor arbitration?
1. When the parties apply to the Arbitration Commission for arbitration, they shall submit a complaint and a copy according to the number of defendants;
2. The Arbitration Commission shall make a decision on whether or not to accept the complaint within seven days from the date of receiving it. If the arbitration commission decides to accept the case, it shall serve a copy of the complaint on the defendant within seven days from the date of the decision and form an arbitration tribunal; If it decides not to accept it, it shall explain the reasons. The defendant shall submit the defense and relevant evidence within 15 days from the date of receiving the copy of the indictment. If the defendant fails to submit the defense on time, it will not affect the trial of the case. The arbitration commission has the right to require the parties to provide or supplement evidence;
3. The arbitration tribunal shall serve a written notice of the time and place of the hearing on the parties four days before the hearing. If a party refuses to appear in court without justifiable reasons or withdraws from court without the consent of the arbitration tribunal after receiving a written notice, the appeal shall be rejected and the defendant may be ruled by default;
4. When handling labor disputes, the arbitration tribunal shall mediate first, and on the basis of finding out the facts, urge both parties to reach an agreement voluntarily. The contents of the agreement shall not violate laws and regulations;
5. If an agreement is reached through mediation, the arbitration tribunal shall make a conciliation statement according to the contents of the agreement, and the conciliation statement shall become legally effective from the date of service. Before the conciliation statement is served, if the conciliation fails to reach an agreement or the parties go back on their words, the arbitration tribunal shall make an award in time;
6. In handling labor dispute cases, the arbitration tribunal shall follow the principle that the minority is subordinate to the majority. Disagreements must be truthfully recorded. After making an award, the arbitration tribunal shall make an award and serve it on both parties.
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