When a labor dispute occurs between an employee and an employer and cannot be resolved through negotiation, they need to apply for labor arbitration. When applying for arbitration, can an agent fill out the application? This is more important for workers to better safeguard their legitimate rights and interests. The editor below has compiled the following content to answer your questions. I hope it will be helpful to you.
Can the labor arbitration application form be filled in by an authorized agent? Yes. The parties may entrust an agent to participate in arbitration activities. The applicant applying for arbitration shall submit a written application for arbitration and submit copies according to the number of respondents. If it is really difficult to write an arbitration application, you can apply orally, and the labor dispute arbitration committee will record it in the transcript and inform the other party. Basis: Article 24 of the "Labor Dispute Mediation and Arbitration Law of the People's Republic of China" The parties may entrust an agent to participate in arbitration activities. To entrust another person to participate in arbitration activities, a power of attorney signed or stamped by the client shall be submitted to the Labor Dispute Arbitration Commission. The power of attorney shall specify the entrusted matters and authority. Article 28 The applicant applying for arbitration shall submit a written application for arbitration and submit copies according to the number of respondents. The arbitration application shall specify the following matters: (1) The name, gender, age, occupation, work unit and residence of the employee, the name, residence of the employer and the name and position of the legal representative or principal responsible person; (2) The arbitration request and the facts and reasons on which it is based; (3) Evidence and sources of evidence, names and addresses of witnesses. If it is really difficult to write an arbitration application, you can apply orally, and the labor dispute arbitration committee will record it in the transcript and inform the other party.
Related knowledge: What are the procedures for labor arbitration
1. Application and acceptance When applying for labor dispute arbitration, the parties shall submit a written application for arbitration. In practice, the arbitration application should include the following contents: 1. The applicant’s name, address, ID number or other identity document number, and contact information; 2. The respondent’s name, address, and name of the legal representative or principal responsible person , position, etc.; 3. The facts in dispute, the applicant’s claims and reasons, etc. If you need a template, please see here: "Labor Arbitration Application Template" After receiving the application, the arbitration committee shall review and make a decision on whether to accept it within seven days.
II. Hearing and Award 1. The arbitral tribunal shall notify the parties in writing of the composition of the arbitral tribunal, the time and place of the hearing within 5 days before the hearing; 2. The parties refuse to attend the hearing or do not obtain the consent of the arbitral tribunal. If the applicant withdraws from the court midway, the claim will be dismissed, and the respondent may be absent from the arbitration; 3. After the hearing, the list of arbitrators should be announced and asked whether to apply for recusal; 4. The parties will then make statements and debates, and finally make an award. It can be seen that when applying for labor arbitration, an agent can fill it out, but the employee needs to make relevant entrustments to apply for labor arbitration in accordance with the law. Only relevant departments can accept the application, which is a very important protection for workers. I hope everyone will pay attention to this. If you have other questions, please feel free to consult a professional lawyer.
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