What do you need to provide when applying for labor arbitration? What to do if there is no written evidence?

Three materials are required: "Application Form", "List of Evidence Materials", and "Confirmation of Service Address of the Party".

It is necessary to collect some evidence that can prove the existence of a labor relationship between you and this unit, such as work clothes, work certificates, work badges, salary cards (salary slips), attendance records, social security payment records, testimonials of colleagues, etc.

1. Labor Arbitration Committee

Different districts and counties in each city will have their own labor arbitration committees. According to our country's legal provisions, each labor committee is responsible for jurisdiction over labor disputes in the place where the labor contract is performed or where the employer is located. Therefore, you first need to confirm the office address of your company, and then search on the map for the address of the labor arbitration committee where the office is located.

2. Organize the materials?

After entering the labor arbitration committee, you will get the following three forms:

1. Application form;

2. List of evidentiary materials;

3. Confirmation of address served by the parties.

The above three forms need to be filled in as required. The application form and list of evidence materials can be handwritten or printed, but all items in the form must be included when printing.

3. Submission of Materials

1. Application:

The application for labor arbitration must clearly state the arbitration request, description of the facts, and arbitration by number. Detailed calculation of request amount.

2. List of evidence materials

The list of evidence materials needs to list the evidence catalog in logical and arbitration request order, indicate the number of pages of evidence and number them. At the same time, the evidence should be organized in the order in the list.

Evidence for arbitration includes but is not limited to the following:

Written labor contract

Wage payment vouchers or records (including wage slips, bank statements, Wage collection signature form, etc.);

Proof of social security payment, including the "XX City Social Security Individual Payment Information Statement of XXXX Year" from the Social Security Fund Management Center of each city, and the "XXXX City Social Security Individual Payment Information Statement" from each city's human resources and social security Social insurance payment records printed on the bureau’s website;

Personal income tax payment certificate;

Certificate of rescission (or termination) of the labor contract;

“Work permit”, “ "Service Certificate" and other documents that can prove identity; recruitment records such as the "Registration Form" and "Application Form" filled out by the employer;

Attendance records;

Others The worker’s testimony;

Other evidentiary materials that can prove the matters applied for arbitration.

Other business documents, letters of introduction, emails, text messages, WeChat and other materials that can prove the performance of the labor contract can also be provided as evidence.

3. Confirmation of address for delivery by the parties:

This is the address and recipient confirmation for the arbitration hearing notice and results to be delivered by the arbitral tribunal to you and the company. It needs to be filled in truthfully.

4. Original and copy of ID card

A copy of the ID card must be copied on the same piece of paper, with the front and back sides marked "This copy of the ID card is consistent with the original." .Signature: Date:". The original ID card will be verified by the arbitration staff and returned to the applicant.

5. The employer’s industrial and commercial registration information

You can check and print out the local corporate credit information online and submit one copy.

4. Submit application and materials

After preparing the above materials, you can go to the Labor Arbitration Commission to apply for arbitration.

Pre-case mediation:

1. Because the arbitration committee accepts a lot of arbitration cases every day, the arbitrator will confirm whether you need pre-case mediation to simplify the overall arbitration process. . If you agree to conduct pre-case mediation first, you need to sign a mediation confirmation and evidence receipt

2. Submit arbitration

If you do not want to conduct pre-case mediation, or go through mediation If arbitration still needs to be held after the arbitration, an "Arbitration Receipt" will be issued.

Then go home and wait for notification, during which the arbitral tribunal will first review your application and evidence list.

3. Appear in court

About half a month after submitting the application, the arbitration committee will notify you by phone to collect the notice, including the "Notice of Case Acceptance", "Notice of Producing Evidence" and "Appearance in Appearance" Notice". If the arbitration committee does not accept the application, a "Notice of Non-Acceptance" will be issued.

"Notification of Case Acceptance"

It is used to inform you that the case has been accepted and the case number, and to inform you of the name and contact number of the arbitrator.

The "Notice of Producing Evidence"

is used to inform you of the deadline for producing evidence and the legal consequences of overdue evidence.

"Notice of Appearance"

Inform the applicant of the time and address of the court session, as well as the clerk and his contact number.

Reference materials

Baidu knows. Zhihu [cited time 2018-3-13]