Who wins the general labor arbitration?

Who wins the general labor arbitration?

Many workers are worried about who will win the general labor arbitration. Social workers have always been a vulnerable group, and they can often see various rights protection issues on TV, but it seems that few of them win the case. See who will win in general labor arbitration and related information.

Who will win in general labor arbitration 1 Labor arbitration will win justice in the end. It may be late, but it will never be absent. In China, labor arbitration is a necessary procedure for the parties to a labor dispute to bring a lawsuit to the people's court. According to the Labor Dispute Mediation and Arbitration Law, the parties who initiate labor arbitration shall submit a written application to the Labor Dispute Arbitration Committee within one year from the date of the labor dispute. Unless the parties are due to force majeure or other legitimate reasons, the Arbitration Commission will not accept the application for arbitration beyond the time limit prescribed by law.

What evidence does labor arbitration generally need?

1. Employee's employment certificate: such as employment registration form, employment letter, etc.

2. Proof of laborer's work content: such as labor contract, employment registration form, post adjustment notice, loan letter, job description, employee performance appraisal form, etc.

3. Proof of agreed wages and working hours: such as labor contracts, employee manuals and other rules and regulations;

4. Proof of employee's salary payment: for example, payroll, bank punching records, etc.

5. Proof of workers' specific working hours: such as attendance sheets and attendance records.

Who wins the general labor arbitration? It may be too late for labor arbitration to finally win justice. In China, labor arbitration is a necessary procedure for the parties to a labor dispute to bring a lawsuit to the people's court. According to the provisions of the Labor Dispute Mediation and Arbitration Law,

The party that initiates labor arbitration shall submit a written application to the labor dispute arbitration committee within one year from the date of occurrence of the labor dispute. Unless the time limit for applying for arbitration prescribed by law is exceeded due to force majeure or other legitimate reasons.

Article 17 of the Law of People's Republic of China (PRC) on Mediation and Arbitration of Labor Disputes shall follow the principles of overall planning, rational layout and adaptation to actual needs. The people's governments of provinces and autonomous regions may decide to set up in cities and counties; The people's government of a municipality directly under the Central Government may decide to establish it in a district or county. Municipalities directly under the central government,

A city divided into districts may also set up one or more labor dispute arbitration committees. The labor dispute arbitration commission shall not be established according to the administrative divisions. Article 18 The labor administrative department of the State Council shall formulate arbitration rules in accordance with the relevant provisions of this Law. The labor administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall guide the arbitration of labor disputes within their respective administrative areas.

Article 19 A labor dispute arbitration committee shall be composed of representatives from the labor administrative department, trade unions and enterprises. The members of the labor dispute arbitration committee shall be singular. The labor dispute arbitration committee shall perform the following duties according to law:

(a) the appointment and dismissal of full-time or part-time arbitrators;

(2) Accepting labor dispute cases;

(three) to discuss major or difficult labor dispute cases;

(four) to supervise the arbitration activities. The Labor Dispute Arbitration Commission has an office, which is responsible for the daily work of the Labor Dispute Arbitration Commission. Twentieth labor dispute arbitration committee shall establish a roster of arbitrators. An arbitrator shall be impartial and meet one of the following conditions:

(1) Having served as a judge;

(two) engaged in legal research and teaching, and with intermediate titles or above;

(3) Having legal knowledge and having been engaged in professional work such as human resource management or trade unions for five years;

(4) Having worked as a lawyer for three years.

Who wins the general labor arbitration? Labor arbitration can win the case, but there must be evidence to prove its claim. 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, the extension period shall not exceed fifteen days. In the event of a labor dispute, the parties have the responsibility to provide evidence of their claims.

legal ground

Article 43 of the Labor Dispute Mediation and Arbitration Law

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 an award on that part first.

Six steps you need to know to win labor arbitration.

0 1. What should I do before leaving my job after receiving the notice of dismissal?

There will be a time lag between the termination of the labor relationship between the company and you and the final notice of dismissal. This period of time is the best time for you to take stock of the existing evidence in your hand and find out what is missing.

You must do these things:

Have a good relationship with the company, even if you don't want to, you need to "disguise" your emotions and buy yourself more time to collect evidence;

Collect evidence quickly;

At least 2 copies of the collected evidence shall be made;

After exporting the working files on the computer, clear all traces and files on the computer;

Pay attention to personal attendance, and don't let the company seize the handle of violating the company system in special periods.

02. What about the hesitation stage before post-employment arbitration?

Step 1: consult a lawyer and HR.

Before we really start, we should consult more professionals, bring in outsiders and use professionals to evaluate the feasibility of arbitration. Many lawyers on the Internet can provide free consultation, but it's hard to tell the truth, so you need to tell the truth yourself.

When I used to handle these dismissals, employees often told me that I had consulted my lawyer, and the lawyer told her that there was no problem at all and that she could get compensation of n+ 10 months. So some lawyers really dare to say anything, because they make money by arbitration. Don't be misled.

Step 2: Psychological preparation

Maybe 1 even 2 years, you need to go to arbitration frequently, go to court, face the importune of the opposing lawyer, lie with your eyes open, and you may have the impulse to hit people.

There will be many things that will make you angry. Once a decision is made, you can't let arbitration affect your mood and your life, such as losing your temper with your family and not having the heart to start a new job.

If so, the rights and interests you have worked so hard to safeguard will not be worth the loss. Looking down, you must increase your experience.

03, decide to arbitrate, and do it.

Step 3: Prepare the form of arbitration institution.

The arbitration institution will require employees to fill in the arbitration application and evidence list, which is usually filled in manually when the arbitration institution applies for arbitration.

It is suggested that you get the format of arbitration requirements in advance, make it into an electronic version and print it out, which can avoid repeated filling in on the spot and improve the application efficiency.

Form 1: Application for Labor Arbitration

The application shall include three parts:

The name, sex, age, occupation, work unit, residence and telephone number of the laborer;

The name and domicile of the employing unit, and the name, position and telephone number of the legal representative or person in charge;

The specific application request and the facts and reasons on which it is based.

Form 2: List of Evidence

General 1 page A4 paper is enough, and all evidence can be summarized in the format required by arbitration, including: name of evidence, format of evidence, number of pages of evidence, opinions supported by evidence, etc.

Table 3: Business Information of the Company

Print directly from the "National Enterprise Credit Information Publicity System" without additional reporting.

Step 4: Prepare detailed evidence.

Prepare detailed evidence to support evidence list, including labor contract, salary slip, attendance screenshot, dismissal notice, etc. There are several points to note:

The electronic version of the details of the evidence and the number on the list of evidence should be unified and easy to find;

Print paper evidence 3 weeks before the trial;

Paper evidence shall be marked according to evidence 1, 2 and 3, and each page of evidence shall be signed;

If it is audio, it needs to be converted into text printing, and video and audio need to be lettered in advance;

If it is audio-visual, it needs to bring the original carrier for on-site display, otherwise it will be invalid;

Generally, the scores for preparing paper evidence are 3 copies, one for the company, one for arbitration and one for yourself. If there is more than one defendant, prepare a corresponding amount of evidence.

Step 5: Prepare the witness.

Witnesses have great influence on the determination of arbitration results. If you can find witnesses, you must find them.

Step 6: Hire a lawyer

If you don't feel confident enough, you can consider hiring a lawyer, but you must hire a professional lawyer to avoid helping. The lawyer's fee ranges from 3000- 1 ten thousand yuan.

It can save a lot of money to hire Chaoyang lawyers in Chaoyang and Tongzhou lawyers in Tongzhou.

04. Write it at the end

I read a story about how the weak left their choices to the strong. The story goes like this:

The female cheetah met a lion with her three children. Because they are all carnivores, there is competition. Many times, they will fight after they meet in a narrow way. A cheetah can run away at its own speed, but not three cheetahs.

Therefore, mother cheetah, as a relatively weak person, chose the posture of grinning and preparing to attack. This is what I want everyone to learn. In the face of danger and threat, how to leave a choice for the strong as the weak.

Mother cheetah knows that lions must know that if they fight, they won't eat cheetahs and may hurt their legs and feet.

Therefore, if you really encounter dismissal, you don't have to fight. The purpose of sharing these skills is to increase our "sharp weapon" and win the qualification of negotiation, rather than let everyone really compete with the company.

I have seen many inconsistent negotiations. The company originally wanted to compensate until the final zero compensation, and the two sides went to arbitration. In the end, too many employees were compensated, even lower than the compensation figure originally provided by the company.

As the weak, our employees should know their own disadvantages like the cheetah mother in the story and leave a choice for the strong (company).

Once you see a lion sitting down to comb his hair, you should leave with the children, instead of thinking that the lion is timid and rushing to drive the lion away, because if you push the lion hard, the lion will definitely kill it.