If the company refuses to file a labor arbitration lawsuit with the court, how long will it take for the defendant to receive the information?

After labor arbitration, how long will it take for the enterprise to file a lawsuit in court and receive the indictment?

This depends on the specific situation. After receiving the complaint, the general court will decide whether to file a case within a period of time. After deciding to file a case, the plaintiff pays the acceptance fee within 7 days. After the plaintiff pays the fee, the judge will determine the date of the trial according to the schedule. After the judge decides, he will serve you with a summons and a complaint. This stage ranges from half a month to two or three months.

Related knowledge:

Civil appeal

Plaintiff:-sex-,date of birth, nationality, ID number, address: Tel:

Defendant:-Limited company, domicile:-Legal representative:-Gender-,position:-; Telephone:-

Both the plaintiff and the defendant refused to accept the first ruling. -The case of Lao Zhong (-), and bring a civil lawsuit to your hospital.

I. Required items:

According to the law, the defendant was ordered to pay the plaintiff:

1.- year-month-month-month sales expenses paid by the plaintiff, totaling RMB;

2. The monthly and monthly arrears of wages total RMB;

3. The unpaid overtime wages on the date of month, year and month totaled RMB;

4. Economic compensation of 25% of the total wages in arrears, totaling RMB;

5. Economic compensation for unilaterally dissolving the labor contract, totaling RMB;

6. Additional economic compensation RMB-RMB that fails to pay economic compensation on time;

7. The payment in lieu of notice for terminating the labor relationship without giving a written notice 30 days in advance is RMB-yuan;

8. Pay the salary loss from the date of the month to the date of closing the case.

9. The arbitration fees and legal fees in this case shall be borne by the defendant.

Second, the facts and reasons:

1. It was wrong for the original arbitral award to conclude that the plaintiff had infringed the defendant's business secrets.

The original arbitration award stated: "However, the plaintiff, as a business person of the defendant, set up a limited liability company with others during the working period with the defendant, and ran the same business as the defendant's company, which violated the defendant's business secrets", which was wrong.

According to Article 10 of the Anti-Unfair Competition Law on trade secrets, in order to constitute trade secrets, an enterprise's business information or technical information must meet four conditions, that is, it is not known to the public, can bring material benefits to the obligee and is practical, and requires the obligee to take confidentiality measures. At the same time, according to the Labor Law of People's Republic of China (PRC) (hereinafter referred to as the Labor Law) and relevant laws and regulations, as well as the provisions of Article 61 of the Company Law on non-competition, only the directors and managers of the company have the obligation of non-competition unless otherwise agreed. For ordinary employees, only when the employer and the employee have agreed on the obligation of non-competition and the employer separately pays the compensation for non-competition to the employees, the employees will bear it. Therefore, the plaintiff has no obligation to compete.

In addition, there is no evidence to prove that the defendant company has business secrets that comply with the law, and there is no evidence to prove that the plaintiff has violated the nonexistent "business secrets" of the defendant company. Therefore, in the absence of any evidence, the original arbitral award held that the plaintiff infringed the defendant's business secrets just because the plaintiff registered and established a company with a business scope similar to that of the plaintiff.

2. It is wrong for the arbitral award to find that the plaintiff has seriously violated labor discipline.

The original arbitration award stated that "the plaintiff used the working conditions provided by the defendant, such as computers and office emails, to serve the above-mentioned company, and tried to negotiate business with the defendant's customers in the name of the above-mentioned company, which seriously violated labor discipline", which was a serious factual error.

According to Article 67 of the Civil Procedure Law and Article 40 of the Constitution, the evidence collected by the defendant to prove that the plaintiff tried to negotiate business with the defendant's customers in the name of other companies was illegal. In addition, there is no evidence that the so-called labor discipline and rules and regulations formulated by the defendant have gone through democratic procedures and been publicized. According to Article 4 of the Labor Law and Article 19 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases, it cannot be used as evidence. In the absence of factual evidence to prove that the defendant abided by the labor discipline stipulated by law, and there is no evidence to prove that the plaintiff violated the "labor discipline", the original arbitration award only determined that the plaintiff had seriously violated the labor discipline based on the evidence from illegal sources.

In addition, the defendant not only owed the plaintiff wages for several months, but also refused to return the business advance expenses paid by the plaintiff. As an ordinary businessman, the plaintiff not only has to support his elderly and sick father, but also has to pay as much as-yuan a month for housing. We can fully imagine the plaintiff's life predicament at that time. In this case, even if the plaintiff really has the so-called "-"behavior accused by the defendant, it is entirely caused by the defendant's illegal behavior, which is a last resort for survival. How can we talk about a "serious" plot? Based on this, the plaintiff's behavior will not constitute a "serious violation of labor discipline" in Article 25 of the Labor Law.

Based on the above facts, according to the provisions of the Labor Law, the Regulations on Employees' Remuneration in Shenzhen, the Regulations on Labor Contracts in Shenzhen Special Economic Zone, the Civil Procedure Law and other relevant laws and regulations, the plaintiff filed a lawsuit in your hospital, requesting your hospital to uphold justice and safeguard the basic rights and interests of vulnerable workers.

I am here to convey

-People's court

Plaintiff:-

Year-month-day