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What does the notice of arbitration mean?
1, that is, inform him that he is being sued by others, inform him of his corresponding litigation rights and obligations, and request to submit a reply within the statutory time limit. A summons is a voucher to summon people related to a case to the case.
2. After the people's court files a case, it shall be sent to the corresponding parties to the case in accordance with legal procedures, and the parties must participate in the litigation and perform their legal obligations in accordance with legal procedures.
3. Summons issued to both parties after the case is accepted are generally summonses to attend court sessions or participate in evidence exchange. Summons are also usually used as a pass for the parties to enter the court.
4. Receiving the Notice of Acceptance of Labor Arbitration means that the Labor Dispute Arbitration Committee has accepted the arbitration application of the arbitration applicant, and the applicant's application meets the acceptance conditions. For a case accepted by the Arbitration Commission, the parties may prove their claims within the time limit for adducing evidence.
1. If arbitration is accepted, how long will it take?
1. The arbitration tribunal shall notify both parties in writing of the date and place of the hearing five days before the hearing. If the parties have justified reasons, they may request an extension of the hearing three days before the hearing. The extension or not shall be decided by the labor dispute arbitration commission. '
2. The arbitration tribunal shall conclude the labor dispute case within 45 days from the date when the labor dispute arbitration committee accepts the arbitration application. If the case is complicated and needs to be postponed, it may be postponed with the approval of the chairman of the labor dispute arbitration commission, and the parties concerned shall be notified in writing, but the extension period shall not exceed fifteen days. If the arbitration award is not made within the time limit, the parties may bring a lawsuit to the people's court on the labor dispute.
When the arbitration tribunal hears a labor dispute case, some facts are already clear, and it can make a ruling on this part first.
3, the labor dispute arbitration committee within five days from the date of receipt of the application for arbitration, that meets the acceptance conditions, it shall accept and notify the applicant; If it does not meet the acceptance conditions, it shall notify the applicant in writing that it will not be accepted and explain the reasons. If the labor dispute arbitration commission refuses to accept or fails to make a decision within the time limit, the applicant may bring a lawsuit to the people's court on the labor dispute.
Second, the relevant procedures of the court session
1. Apply for arbitration and submit an arbitration complaint within one year after the dispute occurs.
2. The Arbitration Commission shall make a decision on whether or not to accept the complaint within five days from the date of receiving it;
3. The arbitration tribunal shall notify both parties in writing five days before the hearing.
4. Opening a court session, making clear requests, defending, investigating facts, presenting evidence, cross-examining, debating and making statements.
5. Mediation
6. If mediation fails, the award is invalid.
For applying for relevant arbitration, there is no clear stipulation on the date of hearing after the application is filed, but the court will issue relevant notice five days before the hearing, and the arbitration commission will see whether it is accepted or not within five days after the application is filed. After the trial, the court will mediate the two parties to a certain extent, and if the mediation fails, it will make a relevant ruling.
Legal basis:
code of civil law
Article 84
The service of litigation documents must have a receipt, and the addressee shall record the date of receipt, sign or seal it. The date of receipt by the addressee on the service receipt shall be the date of service.
code of civil law
Article 85
Litigation documents shall be served directly on the addressee. If the addressee is a citizen and the person who has no contact with his adult family signs that the addressee is a legal person or other organization, it shall be signed by the legal representative of the legal person, the principal responsible person of other organizations or the person in charge of the legal person or organization. If the addressee has an agent ad litem, he may send it to his agent for signature, indicating that the addressee has appointed an agent in the people's court and send it to his agent for signature. The date of delivery is the date when the adult family members, legal persons or other organizations of the addressee are responsible for receiving and the litigation agent or agent signs for it.
Law on mediation and arbitration of labor disputes
Article 29
Within five days from the date of receiving the application for arbitration, the labor dispute arbitration commission shall accept and notify the applicant if it considers that it meets the acceptance conditions; If it does not meet the acceptance conditions, it shall notify the applicant in writing that it will not be accepted and explain the reasons. If the labor dispute arbitration commission refuses to accept or fails to make a decision within the time limit, the applicant may bring a lawsuit to the people's court on the labor dispute.
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