1. Most workers do not know how to hire lawyers, but most companies will hire lawyers to appear in court.

In about 80% of labor arbitration cases, workers do not ask lawyers to appear in court. There are two main reasons:

The main reason is that lawyer fees are relatively expensive, and the amount of labor cases is mostly between 10,000 and 30,000. As for lawyer fees, they generally range from 10,000 to 30,000 in first-tier cities. Second-tier cities also require 8,000 yuan to 20,000 yuan.

Secondly, because the subject matter of most labor cases is small, workers do not hire lawyers in most cases, so most lawyers do not study labor law. As a result, most lawyers are not professional in labor law. If you encounter a labor case, you will either raise the asking price or say that you are too busy and refuse to accept the labor case.

What are the procedures of a court hearing and what speaking skills are required?

(1) Preliminary fixed procedures:

1. The arbitrator or clerk reads out the arbitral tribunal disciplines, the rights and obligations of both parties, etc.;

2. The arbitrator Ask whether you both have any objections to the person appearing in court (if the other party is the client of the respondent's unit, just answer that you have no objections). If you are asked whether to check the other party's power of attorney and other documents, you can say that you don't need to. Because the other party can sit down When the respondent comes to the table, the arbitrator has reviewed their identity and agency authority in advance). The arbitrator asked both of you whether you would apply for the recusal of the members of the arbitral tribunal, and the answer was no.

3. The arbitrator will ask you to read out the application;

4. The arbitrator will ask the respondent to make a defense (oral defense or read a defense letter).

5. The arbitrator will summarize the focus of the case based on your application and the respondent’s defense. If you are asked whether to add anything, the general answer is “no.”

(2) Court review focus (trial investigation stage):

6. The arbitrator asks you to present evidence one by one and tell what you want to prove. Just click the words in the quotation marks to read. After reading, give the original evidence to the arbitrator or the other party.

"Evidence 1: Certificate of resignation, proving the existence of a labor relationship between the two parties, and proving the applicant's working hours in the respondent's unit; Evidence 2:..." (Generally, when filing a case, I Will help the parties write the evidence list, this place is to read the evidence list ())

7. Cross-examination by the respondent (the respondent will issue cross-examination opinions one by one on the evidence you submitted), and the other party’s cross-examination If you need to explain your opinions, you can do so when the arbitrator asks you or during the debate. There is no need to refute the other party at this time;

8. The respondent gives evidence and listens to see what the other party wants to prove.

9. Applicant’s cross-examination (please state your opinions on the evidence presented by the respondent one by one.) This place is the most difficult and important place.

If I can see the other party’s evidence, I will help the client write the cross-examination opinion in advance and read it out directly when the time comes. If I cannot see the other party’s evidence, I will use my nearly 20 years of experience in trying labor cases to predict the evidence that the other party may submit, and then write relevant cross-examination opinions.

10. Questions asked by the arbitrator

Generally, the questions will focus on the focus of the dispute in this case (just answer as required. The most likely questions the arbitrator will ask: how much is the salary, how is the salary paid, what time to join, etc.), and you will be asked to explain how each application matter is calculated.

(3) Debate stage.

11. Debate.

Things that have not been discussed before and have an impact on this case can be mentioned now, and the language must be concise. Arguments may also precede the arbitrator's questions. In some places, both parties will be organized to ask questions about each other.

Click here to read: "The respondent owed the applicant wages and overtime pay, did not sign a written labor contract with the applicant, and failed to pay social insurance for the applicant in accordance with the law. The facts are clear and the evidence is conclusive. Please The arbitration committee will rule in accordance with the law!” (Depending on the case, the debate opinions will change. Generally, I will write them in advance)

(4) Trial closing and mediation.

12. After the court is closed, both parties should sign the court transcript.

After verification, sign at the bottom of each page of records, and sign and date the last page.

13. Mediation.

After the debate stage, the trial ends. The arbitrator will ask you both if you agree to mediate. Just answer yes. It may also be possible for both of you to mediate before the trial. If mediation fails, the trial will begin again.

What you need to know about labor arbitration

1. Labor cases are handled by the local labor arbitration committee. Only those who are not satisfied with the result can sue to the court;

2. Labor arbitration can be handled by oneself without hiring a lawyer;

3. Labor arbitration is free of charge; subsequent lawsuits can be brought to the court. A legal fee of 10 yuan is charged;

4. If the arbitration committee issues a final award, the company has no right to sue in court, and employees can sue if they are dissatisfied;

5. Labor Arbitration Committee There are committees in every county, district, and prefecture-level city. Generally established within the human resources and social security bureau at the same level.

You can search for "A District Labor and Personnel Dispute Arbitration Court" on Amap or Baidu Map;

6. The Labor and Personnel Dispute Arbitration Committee has a Labor and Personnel Dispute Arbitration Court. You will understand that it is one team and two brands. Just one thing will do;

7. In about 60% of cases, employees can receive wages or compensation during the labor arbitration stage. Only about 20% to 30% of cases go to court. More than 80% of the cases I represented remotely were paid during labor arbitration. I won’t say that the lawsuit will last for 1 or 2 years. That's an individual case. Those who settle the case quickly will not ask for help online, but will quietly take the money to work on their next job.

8. Read more of the "Labor Contract Law" and less of the "Labor Law." Because the Labor Law was promulgated and implemented in 1995, it is relatively principled. The operable provisions are all in the "Labor Contract Law" promulgated in 2008 (revised in 2012, only the chapter on labor dispatch was changed, and other provisions are the same as the 2008 version). If you need the latest text of the Labor Contract Law, you can send a private message and it will be sent to you for free;

9. The statute of limitations for labor arbitration is one year. If you do it, do it as soon as possible. If the statute of limitations is exceeded, you will basically lose;

10. If it is inconvenient for parents or spouses to come forward, children, spouses, and parents can act as agents to help handle the matter. Just write a power of attorney. If you need a labor arbitration power of attorney template, I can also provide it for free;

11. The case of wage arrears is the simplest. Just write the application matters: Request for ruling that the respondent pays the applicant March 2023 The salary from April 1st to April 15th is 15,000 yuan. In the facts and reasons section, write down when you joined and when you left. How much is the monthly salary? It’s OK if you haven’t paid wages for a few months. Not only do you not need to hire a lawyer, but you also don’t need to be represented remotely by a professional. You can handle it yourself; you can also find me the electronic version of the labor arbitration application template;

12. For small and micro enterprises, it is best to sign a written labor contract with workers and pay social security. When workers leave their jobs, they are required to write a resignation report. If the company fires an employee, try to pay financial compensation N if the employee has no major fault;

13. Remember to keep evidence proving the labor relationship: such as a work permit or work badge (preferably with an official seal), Salary card transaction records, salary slips, work clothes with the company name, individual tax payment certificate printed and stamped by the local tax bureau, temporary residence permit issued by the employer for you, power of attorney, attendance records, social insurance payment records, work dispatch orders, Testimonies from colleagues (both current and former employees are acceptable), audio and video recordings, other written materials with your name and official seal or the signature of your boss, etc.; of course, you can apply for labor arbitration without evidence, but there is a risk of losing the case;

< p>14. The company can also apply for labor arbitration if it verbally proposes dismissal. Remember to record. To recruit company bosses or people. Some people may say that no one knows when they will be fired, and it is impossible to record every conversation with the boss. That's right. There is no need to record the recording at the time. When you call the boss afterwards to ask for a written notice of termination of labor relations or to settle wages, you can record it, and it will be valid;

15. Calculation of compensation At that time, if the employee's salary exceeds three times the local social average wage (not the minimum wage, for example, the average social wage in Beijing is about 10,000), the employee's salary will be calculated as three times the average social wage;

16. If you work for one day on a legal holiday, your wages will be calculated for four days. First of the year is an 11-day statutory holiday;

17. The law stipulates that cases should be concluded within 60 days, but arbitration commissions in many places such as Beijing Chaoyang, Xi'an, and Hebei cannot conclude cases within 60 days. So when submitting the application, it is best to make sure there are no problems. If you modify it and reschedule it, you will be able to wait until you have doubts about your life;

18. If you are applying to a company in another place, for example, you work in Beijing and the company is registered in Shanghai. Even if you apply for labor arbitration in Beijing, after the arbitration committee issues an award, the company still has the right to sue in Shanghai;

19. If it is not necessary, try not to sign a labor dispatch agreement. When a labor service company files a lawsuit, it is more professional than a lawyer, and it can also delay the process, which is quite a scam.

20. The year-end bonus is a big deal. After the end of the year, the year-end bonus is delayed, and it is stipulated that resigned employees will not enjoy the year-end bonus. The employee had no evidence to prove that both parties had a clear agreement on the year-end bonus and lost the case;

21. The company wanted to lay off employees but did not provide compensation and required the employee to apply for resignation. After the employee refused, the company When workers are not at their workstations, videos and photos are taken to prove that workers are absent from work. Then the labor relationship was terminated in writing on the grounds of absenteeism. What was even more outrageous was that before the labor relationship was terminated in writing, the employee was first given a written notice requesting to return to work. In this way, during labor arbitration, the unit will have three pieces of mutually corroborating evidence. The first is videos and photos, proving that the employee was not at the workstation during working hours. The second is a written notice requesting to return to work, which proves that the company notified the employee to come back to work, but the employee did not come back to work. The third is a notice of termination of the labor relationship, which proves that the company has notified the employee of the termination of the labor relationship, and that the reason for the termination is absenteeism from work.

The workers lose;

22. Write the name of the boss as the respondent. The respondent is not a person, but a company or an unit. The error rate is very high on this point;

23. Economic compensation I couldn’t tell the difference between money and compensation, so I wrote down the wrong application items and lost the case;