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Labor bureau filing procedure
1. Reconciliation: The laborer can reach a settlement agreement with the employer through consultation.
2. Mediation: If a party applies for labor dispute mediation, it may submit a written application to the mediation team;
3. Arbitration: You can apply to the Labor Dispute Arbitration Commission for arbitration;
4. Litigation: You can bring a lawsuit to the people's court for this labor dispute.
How to apply for labor arbitration;
1. The labor arbitration unit is in the local human resources and social security bureau, and there is no charge for labor supervision complaints;
2. When complaining, you need to bring the employee's ID card and evidence of labor relationship with the employer, such as work permit, work permit, labor contract and other materials;
3. When complaining to the labor inspection, you only need to fill in a complaint application form (the labor inspection has an application form);
4. General labor inspection shall be completed within 60 days. If the evidence is sufficient and the facts are clear, the result will come soon.
Legal basis: Article 502 of the Civil Code of People's Republic of China (PRC).
A legally established contract shall come into force upon its establishment, except as otherwise provided by law or agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract should go through the approval procedures, such provisions shall prevail. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party that should go through the formalities for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations. The modification, assignment and dissolution of a contract shall be subject to the provisions of laws and administrative regulations, and the provisions of the preceding paragraph shall apply and shall be subject to approval.
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