Applicants applying for arbitration should submit a written arbitration application, but according to the relevant provisions of the Arbitration Law: "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. Parties. "According to this provision, there are two ways to apply for arbitration: written application and oral application. Written application is the principle, and oral application is the exception. That is to say, under normal circumstances, the plaintiff applying for arbitration must submit a written application to the Labor Dispute Arbitration Committee, so that the applicant can state the claim in detail, explain the facts, reasons and basis of the case, and it will also be conducive to the Labor Dispute Arbitration Committee’s arbitration of the applicant. Application for review. Only when it is really difficult to write an arbitration application, an arbitration application can be submitted to the Labor Dispute Arbitration Commission orally. The “really difficult to write arbitration application” mentioned here generally refers to the situation where the applicant has real difficulty in writing the arbitration application by himself due to low educational level or lack of legal knowledge. In both cases, it can be done Apply verbally. If an arbitration application is filed orally, it will be recorded in the transcript by the Labor Dispute Arbitration Committee. The transcript should be signed or sealed by the applicant. Can an oral application for labor arbitration have the same effect as a written arbitration application? The Labor Dispute Arbitration Committee may either send the transcript of the applicant's dictation to the respondent, or it may orally inform the defendant of the main content of the applicant's dictation.

2. What is the effect of labor arbitration? Our country’s labor dispute organs implement one-time arbitration for labor dispute cases. Once the arbitration award is served to the parties, it will have certain legal effect on both the labor dispute arbitration organ and the parties. This is The legal effect of this kind of labor dispute arbitration is as follows: the labor dispute arbitration agency shall not cancel the award or change the award on its own initiative, nor may it make another award. However, the parties shall have the right to supplement or change the omitted matters, clerical errors, and calculation errors in the award. The parties shall not declare their dissatisfaction to the superior labor dispute arbitration authority. If one or both parties are dissatisfied with the arbitration, they may do so within 15 days from the receipt of the arbitration award. File a lawsuit in the People's Court; if one party fails to file a lawsuit or enforce the case upon expiration of the time limit, the other party may apply to the People's Court for compulsory enforcement. However, the following circumstances will render labor dispute arbitration invalid:

1. The agreed arbitration matters exceed the scope of arbitration stipulated by law.

2. An arbitration agreement entered into by a person without capacity for civil conduct or a person with limited capacity for civil conduct.

3. One party uses coercion to force the other party to enter into an arbitration agreement.

4. The arbitration agreement does not stipulate the arbitration committee or the stipulation is unclear, and the parties cannot reach a supplementary agreement.

5. It is recognized that the arbitration agreement is a civil legal act and must be in writing. An arbitration agreement entered into orally by both parties is invalid.

Legal Basis

"Labor Dispute Mediation and Arbitration Law of the People's Republic of China"

Scope of Application of Article 2

China This law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

(1) Disputes arising from the confirmation of labor relations;

(2) ) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

(3) Disputes arising from removal, dismissal, resignation or resignation;

(4) Disputes arising from Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;

(5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

(6) Other labor disputes stipulated in laws and regulations.