Never mediate in labor arbitration. Evidence is generally needed for arbitration. Evidence is very important for the judgment of a case. In labor dispute cases, workers need enough evidence to prove their claims. Let's take a look at labor arbitration and related materials.

Never mediate in labor arbitration. 1 legal analysis: the settlement of labor disputes should follow the principles of legality, fairness, timeliness and mediation, and protect the legitimate rights and interests of the parties according to law. It can be seen that mediation to solve labor disputes is not a way to deal with the increase of cases, but a principle of labor arbitration to deal with labor disputes. For workers.

Labor dispute mediation does not need a lawyer's agent, which takes less time. Unlike applying for labor arbitration, it takes a long time to accept, hear and appeal. For employers, mediation can reduce the compensation loss of labor disputes and avoid the adverse effects brought by labor disputes.

In addition, in the mediation of labor disputes, both sides of the labor don't have to work hard to give evidence, and they don't know what evidence the other side has. Of course, the premise of labor dispute mediation is that both parties need to accept mediation voluntarily. The result of mediation is generally lower than that of arbitration.

Legal basis: Article 79 of the Labor Law of People's Republic of China (PRC), after a labor dispute occurs, the parties may apply to the Labor Dispute Mediation Committee of the unit for mediation; If mediation fails and one party requests arbitration, it may apply to the Labor Dispute Arbitration Committee for arbitration. One party may also directly apply to the Labor Dispute Arbitration Commission for arbitration. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.

Never mediate in labor arbitration. Must labor arbitration be mediated?

1. Labor arbitration can be conducted without mediation first, but it must be conducted by the labor dispute settlement organ. If you are not satisfied with the arbitration, you can bring a lawsuit to the people's court. Article 5 of People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law stipulates that arbitration is the basic procedure for handling labor disputes: 1. If negotiation fails, mediation fails, arbitration fails, and litigation is initiated. Therefore, negotiation and mediation is not a necessary procedure, and arbitration is a necessary procedure before litigation.

2. Pre-arbitration mediation of labor disputes refers to the pre-arbitration mediation stipulated in the Labor Dispute Mediation and Arbitration Law, that is, the parties conduct mediation on a voluntary and legal basis before entering the arbitration procedure. The mediation agreement reached by the parties in mediation is not enforceable. If one party repents or refuses to perform the mediation agreement, the other party may choose to apply for arbitration or apply to the court for a payment order, but it has no right to directly use the mediation agreement as the basis for applying to the people's court for execution.

3. The mediation agreement reached by the parties in the process of mediation shall not have the force of enforcement if the parties conduct mediation in accordance with the principle of voluntariness and legality before entering the arbitration procedure. If one party repents or refuses to perform the mediation agreement, the other party may choose to apply for arbitration or apply to the court for a payment order, but it has no right to directly use the mediation agreement as the basis for applying to the people's court for execution.

How is the award of labor arbitration stipulated?

1. After applying for labor dispute arbitration, the parties can settle the dispute by themselves. If a settlement agreement is reached, the arbitration application may be withdrawn;

2. The arbitration tribunal shall conduct mediation before making an award;

3. If an agreement is reached through mediation, the arbitration tribunal shall make a conciliation statement;

4. The conciliation statement shall specify the arbitration request and the result of the agreement between the two parties. The conciliation statement shall be signed by the arbitrator, stamped with the seal of the Labor Dispute Arbitration Commission and served on both parties. The conciliation statement shall become legally effective after being signed by both parties;

5. If mediation fails or one party reneges before the conciliation statement is served, the arbitration tribunal shall make an award in time;

6. If the award of the arbitration tribunal is executed first, the following conditions shall be met:

(1) The rights and obligations between the parties are clear;

(2) Failure to implement it first will seriously affect the life of the applicant;

7. If the laborer applies for execution first, he may not provide guarantee;

8. Applying for labor arbitration is to safeguard my legitimate rights and interests through judicial channels, and it is impossible to be useless. After the arbitration award is made, if both employers and employees do not bring a lawsuit to the people's court, as long as the arbitration award has legal effect, both parties must perform it.

Never mediate in labor arbitration. Is it necessary to conduct mediation procedures before the labor arbitration hearing?

1. There is no need to mediate with the employer before applying for labor arbitration. Mediation is not a necessary procedure for applying for arbitration, but arbitration is a necessary procedure for applying for litigation.

2. After applying for labor arbitration, the arbitration tribunal shall mediate first in accordance with the principle of "emphasizing mediation" in the Labor Dispute Mediation and Arbitration Law, and then make an award. If an agreement is reached through mediation, the arbitration tribunal shall make a conciliation statement. Before the conciliation statement is served, if the conciliation fails or one party reneges, the arbitration tribunal shall make an award in time.

Labor dispute arbitration trial process

After accepting a labor dispute case, the labor dispute arbitration commission shall appoint arbitrators to form an arbitration tribunal, which shall hold a hearing on the labor dispute of the parties. The specific process is as follows:

1. When trying a labor dispute case, the arbitration tribunal shall deliver written notice of the composition of the arbitration tribunal, the time and place of the hearing to the parties four days before the hearing.

2. After receiving the notice of hearing, the parties shall attend the arbitration hearing on time. If he refuses to appear in court without justifiable reasons, or withdraws from the court session without the consent of the arbitration tribunal, the appeal shall be rejected and the defendant shall be ruled absent.

3. The hearing of the arbitration tribunal is generally divided into preparatory hearing and formal hearing. For labor dispute cases with simple facts and clear applicable laws, the arbitration tribunal may combine the trial procedures of the preparatory court and the formal court. For labor dispute cases with complicated cases and unclear facts, the arbitration tribunal may arrange for multiple hearings.

4. The preparatory court is a procedural trial before the formal hearing, mainly to determine the focus of disputes, claims, burden of proof and methods of proof of the parties, conduct a simple investigation of the facts and conduct mediation.

5. After the trial, both parties shall confirm and sign the transcripts of the trial. If it is considered necessary to add opinions to the trial record when signing, it must be approved by the arbitration tribunal. There is no justifiable reason. Those who refuse to sign shall be put on record by the arbitration tribunal, which shall not affect the effectiveness of the court record.

6. During the trial, if the complainant withdraws part of the arbitration request, the arbitration tribunal shall record it. The arbitration tribunal will no longer handle the withdrawn arbitration request. The arbitration tribunal shall record the change of the arbitration request by the complainant. If it does not affect the trial of the case, it shall continue to be handled in accordance with the revised arbitration request.

7. If the complainant makes an additional arbitration claim or the defendant makes a counterclaim, it shall be made separately in written form, and the labor dispute arbitration committee shall file a case for review. If it should be accepted, the arbitration tribunal may deal with it jointly.