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Labor arbitration process management

Labor arbitration is the pre-procedure of labor dispute cases. Workers need to apply for labor arbitration if they want to defend their rights.

First of all, it is worth noting that the parties to a labor dispute should apply in writing to the competent labor and personnel dispute arbitration committee for arbitration within 1 year from the date when they know or should know that their rights have been infringed. This article is a hands-on tutorial to help workers understand the labor arbitration process and safeguard their legitimate rights and interests.

The shortest time cost of labor arbitration can only be 1 day (half-day submission of arbitration application+half-day trial). Other procedural problems can be handled by phone or email.

I. Materials required for labor arbitration

Workers need to submit written materials when applying for labor arbitration.

1. application for arbitration (specify the reasons and requirements of the complaint in detail).

2. The identity certificate and photocopy of the applicant.

3. The applicant's registration information (companies can query in the national enterprise credit information publicity system, and private non-enterprises and associations can query in the national social organization credit information publicity platform).

4. Confirmation of the information served by the parties (there is a format text in the filing window of the Arbitration Commission).

5. Proof of labor relations between the applicant and the respondent, etc.

Second, the labor arbitration application form

Format text of labor arbitration application

The application for labor arbitration shall include the following contents:

1, basic information of workers;

2, the basic information of the employer (fill in according to the query results);

3. Request for arbitration;

4. Facts and reasons;

Among them, the most important thing is that the arbitration request must be clear and the specific amount and items must be calculated.

For example, it is required to pay double wages of 50,000 yuan from June 65438+1 October1to May 3, 2022.

Facts and reasons can be based on format templates. Write it clearly.

Three. Proof of labor relations

To apply for arbitration, you need to submit a labor contract or basic materials to prove the existence of labor relations.

Common materials include: employment notice, employment notice, labor contract, employment registration form, work permit, factory brand, work card, wage payment voucher, attendance record, deposit receipt, punishment voucher, social security receipt, proof of dissolution or termination of labor relations, etc.

Labor arbitration filing is not a strict review, only one or more of the following materials are needed.

It should be noted that in order to reduce the pressure of the case, the labor arbitration committees in some areas require at least one of the above materials to be stamped with the company seal. At this time, workers don't have to swear to the arbitration commission. If he can't provide the above materials, he can ask the Arbitration Commission to issue a notice of rejection and apply to the court for acceptance.

Fourth, the skills of collecting information before leaving the job

In labor arbitration cases, workers are the weak side of the ability to provide evidence.

In particular, once workers leave the labor unit, it is difficult to collect materials. Therefore, the collection of information should be completed as far as possible before leaving the company.

At the same time, a considerable part of labor dispute cases is whether there is a labor relationship. Therefore, workers need important evidence about factual labor relations.

Evidence is strong or weak, and any evidence stamped with the company seal or from a third party is superior evidence.

Common: stamped badge, payslip for house purchase loan, nailing group chat/punching record, enterprise WeChat, company account payroll, social security slip, business contract with company seal, etc.

Verb (abbreviation for verb) arbitration process

1. Arbitration acceptance (internal process: 1-5 days)

When the materials for applying for arbitration are complete, most areas can accept it on the spot or issue a notice of rejection.

2. Undertaking by arbitration tribunal (internal process: 1-5 days)

After the window is accepted, it is necessary to designate a specific arbitrator to undertake the case. This cycle will be completed in one week. If you don't hear from the arbitration tribunal within one week, contact the filing window in time.

3. Service by arbitration tribunal (external process: 1-5 days)

Under normal circumstances, you can contact the unit, and there is no situation that you can't contact.

Therefore, the service of arbitration only needs the unit legal person or administrative organ to collect it. Relatively speaking, the process is generally completed within one week.

4. Mediation by arbitration tribunal (optional process: 1-5 days)

In the mediation stage, the arbitral tribunal has no coercive power. In order to save trouble, you can reply to the arbitration tribunal: agree to mediation, but try to put it in court. If mediation fails, we will go to court directly. It is seriously not recommended to wander at this stage. There is no mediation in court, which means little to the applicant in most cases.

5. The arbitration tribunal shall hold a hearing (public procedure: half a day).

The arbitration tribunal will serve it before the hearing to inform the workers of the specific date of the hearing. The trial will take about 2-3 hours. If mediation fails in court, the arbitration tribunal will close.

Matters needing attention in trial

6. Arbitral tribunal award

The arbitration tribunal shall examine the evidence and facts of both parties and make a judgment according to law. There may be an arbitrator in the middle to contact the mediation, and you can communicate by phone.