If an employee applies for labor arbitration and the employee wins the case, the labor arbitration commission will support the employee's arbitration request in the award, such as ruling that the employer pays the employee's salary in arrears, double the salary without signing the labor contract, economic compensation or compensation, etc. After applying for arbitration, the labor dispute will be settled through arbitration. If the arbitration is successful, the workers' demands will be met. Consequences after losing the labor arbitration: No.65438 +0. After losing a labor arbitration case, enterprises usually face economic losses, because labor arbitration cases are basically related to the economy, and the notice of the ruling result will involve double wages, economic compensation, compensation or salary; Second, it will affect the reputation of enterprises to a certain extent, because the occurrence of labor disputes reflects the irregularity of enterprises or violates labor laws and regulations to a certain extent.
If the laborer loses the case, the consequence that the laborer bears is that the arbitration request cannot be supported.
Legal basis:
People's Republic of China (PRC) labor dispute mediation and arbitration law
Article 46 An award shall clearly state the arbitration claim, the disputed facts, the reasons for the award, the award result and the date of the award. The award shall be signed by the arbitrator and stamped with the seal of the Labor Dispute Arbitration Commission. The arbitrator who disagrees with the award may or may not sign.
Article 47 The arbitration award of the following labor disputes is final and takes legal effect as of the date of making it, except as otherwise provided by this Law:
(a) labor remuneration, medical expenses for work-related injuries, economic compensation or the amount of compensation not exceeding the local minimum monthly wage 12 months;
(two) disputes arising from the implementation of national labor standards in terms of working hours, rest and vacation, social insurance, etc.
Article 48 A laborer who refuses to accept the arbitration award stipulated in Article 47 of this Law may bring a lawsuit in a people's court within 15 days from the date of receiving the arbitration award.
Article 49 If the employer has evidence to prove that the arbitration award stipulated in Article 47 of this Law has any of the following circumstances, it may, within 30 days from the date of receiving the arbitration award, apply to the Intermediate People's Court where the labor dispute arbitration commission is located for cancellation of the award:
(a) the application of laws and regulations is indeed wrong;
(two) the labor dispute arbitration commission has no jurisdiction;
(3) Violating legal procedures;
(4) The evidence on which the award is based is forged;
(5) The other party has concealed enough evidence to affect judicial justice;
(6) An arbitrator, in arbitrating a case, commits bribery, engages in malpractices for personal gain or perverts the law.
The people's court shall form a collegial panel to examine and verify, and if it considers that the ruling is under any of the circumstances specified in the preceding paragraph, it shall make a ruling to revoke it.
If the arbitral award is revoked by the people's court, the parties may bring a lawsuit to the people's court within 15 days from the date of receiving the award.
Derivative problem:
What is the process of applying for labor arbitration?
(1) Submission of application: When a party applies for arbitration, it shall submit an application for arbitration and submit copies according to the number of respondents.
(2) Acceptance of arbitration: The Arbitration Commission shall make a decision on acceptance or rejection within five days from the date of receiving the application for arbitration. If the arbitration commission decides to accept the case, it shall serve a copy of the complaint on the respondent within five days from the date of making the decision. If it decides not to accept it, it shall explain the reasons.
(3) Hearing: The arbitration tribunal shall notify both parties in writing of the date and place of the hearing five days before the hearing. If the applicant refuses to appear in court without justifiable reasons or withdraws from court halfway without the consent of the arbitration tribunal, the case shall be dismissed, and the respondent may make an award by default.
(4) Arbitration and mediation: When handling a labor dispute, the arbitration tribunal shall first conduct mediation, and on the basis of finding out the facts, urge both parties to reach an agreement voluntarily. If an agreement is reached through mediation, the arbitration tribunal shall make a conciliation statement according to the contents of the agreement, and the conciliation statement shall take legal effect from the date of service; If the mediation fails to reach an agreement, the arbitration tribunal shall make an award in time.