Generally, the conciliation statement of labor arbitration shall be signed.
The conciliation statement of labor arbitration shall be signed by the arbitrator and stamped with the seal of the labor dispute arbitration commission, and shall take effect without the signatures of both parties. Both parties only need to sign for it, and it will have legal effect after both parties sign for it.
Legal basis: Labor Dispute Arbitration and Mediation Law
Article 42 Before making an award, the arbitration tribunal shall conduct mediation first.
If an agreement is reached through mediation, the arbitration tribunal shall make a conciliation statement.
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 have legal effect after it is signed by both parties.
Before the conciliation statement is served, if the conciliation fails or one party reneges, the arbitration tribunal shall make an award in time.
Second, what is the labor arbitration procedure?
1. Go to the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau (former Labor Bureau) to apply for labor arbitration. When filing a case, you must bring: two arbitration applications and a copy of the applicant's ID card 1 copy; Copies of relevant evidence and 2 copies of evidence list; Industrial and commercial registration information of the employer (Beijing does not need registration information)!
2. After submitting the materials, the Arbitration Commission shall file a case within 5 working days, and then give both parties a period of proof and a period of defense; Then the court will open, and then mediate between you two. If mediation fails, the Arbitration Commission shall issue an award. Labor arbitration shall be closed within 60 days; If we are dissatisfied with the ruling, we can bring a lawsuit to the court;
You can handle it yourself, you don't need to ask a local lawyer to represent you. I can provide you with remote guidance, and you can still win the case, and the labor arbitration commission does not charge;
4. During the application for labor arbitration, you will not be delayed to work in a new unit!
3. How long will it take to give a reply after the labor arbitration hearing?
The labor case shall be closed within 45 days after being put on file, and the difficult case may be extended by 15 days.
After the hearing, the arbitrator will mediate between the two parties. If mediation fails, an award will be issued on schedule. If both parties are not satisfied with the award, they can bring a lawsuit to the court within 15 days after receiving the award.
Article 43 of the Labor Dispute Mediation and Arbitration Law: The arbitration tribunal shall make a ruling on the labor dispute case within 45 days from the date when the labor dispute arbitration committee accepts the arbitration application. If the case is complicated and needs to be postponed, it may be postponed with the approval of the chairman of the labor dispute arbitration commission, and the parties concerned shall be notified in writing, but the extension period shall not exceed fifteen days. If the arbitration award is not made within the time limit, the parties may bring a lawsuit to the people's court on the labor dispute.
When the arbitration tribunal hears a labor dispute case, some facts are already clear, and it can make an award on that part first.
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.
To sum up, the conciliation statement of labor arbitration generally does not deceive the darkroom and will not have corresponding effect.