Is the filing of labor arbitration notified by telephone or in writing?

Written notice: The court will give the applicant a notice of filing a case, whether it is to file a case for labor arbitration or bring a lawsuit to the court. If the employer and the employee cannot reach an agreement through negotiation and mediation of labor disputes, they may apply to the labor arbitration department for labor arbitration within 60 days from the date of the labor dispute. To apply for labor arbitration, you can submit an application or apply orally, and the application needs to specify the time, facts and reasons for the dispute.

Legal analysis

Disputes arising from the conclusion, performance, modification, rescission, termination of labor contracts, dismissal, resignation, working hours, rest and vacation, social insurance benefits, medical expenses for work-related injuries, economic compensation or compensation, etc. Or after the two parties reach a mediation agreement, if one party fails to perform the mediation agreement within the agreed time limit, it may apply to the labor department for arbitration according to law. In the event of a labor dispute, the parties have the right to file an arbitration within one year from the date when they know or should know that their rights have been infringed, and the parties have the responsibility to provide evidence for their claims. To apply for labor arbitration, an application for arbitration shall be submitted, stating the basic information of both parties, the arbitration request and the facts and reasons on which it is based, the evidence and its source, and the name and address of the witness. The labor dispute arbitration commission shall decide whether to accept or not within five days from the date of receiving the application for arbitration. If the conditions for acceptance are met, a copy of the arbitration application shall be sent to the respondent within five days.

legal ground

Article 2 of the Law of People's Republic of China (PRC) on Mediation and Arbitration of Labor Disputes This Law is applicable to the following labor disputes between employers and employees in People's Republic of China (PRC): (1) Disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts; (3) Disputes arising from delisting, dismissal, resignation or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection; (five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation; (six) other labor disputes as prescribed by laws and regulations.