Labor contract and employee handbook (rules and regulations) are different in nature and cannot be part of each other. Labor contracts are essentially contracts and agreements. Since it is a contract, it must be concluded through consultation between both parties. At least on the surface, the labor contract was also concluded by both parties through consultation, not unilaterally formulated by the company. In fact, most of the contract terms are set by the company, but the form is agreed by both parties. The employee handbook (rules and regulations) is not a contract, but is unilaterally formulated by the company. As long as the content is legal and the opinions of employees or employee representatives are sought in the formulation process, the employee handbook can be applied. Although the "Labor Law" requires enterprises to solicit the opinions of employees and have democratic procedures when formulating rules and regulations, it is completely different from signing a contract through consultation as a party to the contract. The legal basis is the Labor Contract Law.

Submit a petition

The limitation period for applying for arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed.

Materials submitted for arbitration. If the applicant is a worker, please submit the following materials:

Application for labor arbitration (state the reasons and requirements of the complaint in detail, submit the original 1 set, and provide copies according to the number of applicants).

A copy of the applicant's identity certificate.

If there is an entrusted agent, a power of attorney shall be submitted, indicating the entrusted matters. If a citizen is entrusted as an agent, a copy of the ID card of the entrusted agent shall also be submitted.

Copy of the applicant's industrial and commercial registration information (machine readable information or copy of the applicant's business license) 1 copy.

Attach a list of evidence, which should generally include materials to prove the existence of labor relations, such as: labor contract, work permit, factory brand, work card, payroll (table), employment registration form (application form), deposit receipt, social insurance payment list, temporary residence permit, attendance record, reward and punishment notice, notice (certificate) of dissolution (termination) of labor relations, etc. The parties shall provide the original evidence 1 set, and provide copies according to the number of people under investigation.

Applicants 10 or above, who have the same requirements, may recommend representatives to participate in arbitration activities.

In addition to submitting the first-class (1) to (6) materials, the applicant may nominate 1-3 representatives and submit the power of attorney signed by all applicants. Among them, it is a collective dispute case of unpaid employees, and the applicant also needs to submit a monthly list of arrears.

If the applicant is an employer, please submit the following materials:

Copy of business license (copy).

Identification certificate of the legal representative (principal responsible person).

If there is an entrusted agent, a power of attorney shall be submitted, indicating the entrusted matters.

The evidence is accompanied by a list of evidence. Please refer to Item (5) of Category I. ..

Legal basis:

People's Republic of China (PRC) labor contract law

Article 4 Rules and Regulations The employing unit shall establish and improve the labor rules and regulations according to law, so as to ensure that workers enjoy their labor rights and fulfill their labor obligations.

When an employing unit formulates, modifies or decides the rules and regulations or major issues directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and hygiene, insurance and welfare, employee training, labor discipline and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with trade unions or employee representatives on an equal footing.

In the process of implementing rules and regulations and major issues, trade unions or employees have the right to propose to the employer and revise and improve them through consultation.

The employing unit shall publicize or inform the rules and regulations and major issues directly related to the vital interests of workers.