Submit an application for labor arbitration 1

Applicant: xxx, male, Han nationality, born on 1xxx, and now lives in xxx Road, xxx District, xxx City. Tel: xxxxxx.

Respondent: xx Co., Ltd., domicile: xxx Road, XX District, XX City. Tel: xxx.

Legal Representative: xxx Position: xxx

Requested items:

1. It is judged that the respondent pays the applicant an economic compensation of 5,200 yuan (the average monthly salary is 2,600 yuan *2) for the termination of the labor contract.

2. It is decided that the defendant shall pay the overtime pay of 20xx from June 20th to June 20th of 20xx * * 54455. 15 yuan, in which: 1, overtime pay 18670.34 yuan, and 25% economic compensation of 4,667.58 yuan; 2. Overtime pay on rest days is 24,893.79 yuan, and 25% economic compensation is 6,223.44 yuan; .

Total of the above two items: xxx yuan.

Facts and reasons:

The applicant entered the defendant company from June 5438+0995 to June 5438+00, and has been working as a driver ever since. 20xx65438+On February 28th, both parties signed an open-ended labor contract, stipulating that the candidate should be a general affairs driver, and the monthly salary of the candidate during normal working hours is 700 yuan, working 8 hours a day and 5 days a week. But in fact, the Respondent asked me to leave at any time on Saturdays and Sundays besides the normal five-day work week, with an average of more than three days on Saturdays and Sundays every month (the company kept the bus punching record and requested the arbitration tribunal to ask the Respondent to provide my attendance records from June 20xx to June 20xx). In addition, on the rest day, I also leave the car to work overtime at any time. I left the car at 6: 30 in the morning to pick up the employees of the company for work, until I got off work on 18. It takes 20 o'clock to see employees off, excluding lunch and rest time 1 hour, and the average daily work is extended by more than 3 hours. At the same time, leave the car to work overtime at any time from Monday to Friday. The specific time is recorded by the company. I worked overtime for the respondent, and the respondent did not arrange compensatory time off for me in accordance with the provisions of the Labor Law, nor did it pay me overtime in accordance with the provisions. As can be seen from the paycheck sent to me by the respondent, my overtime hours and overtime pay are zero. Based on the monthly salary 940 yuan agreed in the labor contract between both parties (my contract salary was changed to 940 yuan on July 20xx 1 day), between June 20xx and June 20xx, the respondent owed me overtime 18670.34 yuan (940 yuan/21.75 *1. According to the provisions of Item 2 of Article 38 and Item 1 of Article 46 of People's Republic of China (PRC) Labor Contract Law, on xx, xx, I proposed to the respondent to dissolve the labor contract relationship on the grounds that the respondent "failed to pay the labor remuneration in full and on time". Because the respondent refused to pay me overtime and economic benefits,

I am here to convey

Xxx labor dispute arbitration commission

Applicant: xxx (signature)

date month year

Submit an application for labor arbitration

Applicant: ×××, female,1born in March 1962, Han nationality, address: ×××× Xiayang Village, Meilan District, Haikou City, Hainan Province.

Respondent: Haikou XXX Market Management Co., Ltd.

Address: Floor 2, Fruit Market, Zhongshan South Road, Fucheng Town, qiongshan district, Haikou.

Legal Representative: ××××××

Application items:

1. Request to confirm the existence of labor relations between the applicant and the respondent from September 20xx 15 to May 20xx 18;

2. The respondent shall pay back the five insurances of endowment insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance for the applicant from September 20xx 15 to May 20xx 18, and the specific amount shall be determined by the social insurance collection department;

3. Require the respondent to pay overtime pay to the applicant 1 1384 yuan [65438+20xx(" 850÷2 1.78 ") according to law.

4. Require the respondent to pay the applicant a double wage difference of 23,045 yuan [1471+(8× 2× "1475,438 +0+0) according to the law.

5. Require the respondent to pay the applicant compensation of 54,470 yuan [1471+(8× 2× "1471.21.75 ]×13×] according to law.

Facts and reasons:

The applicant was introduced to work in the respondent's office on September 15, 20xx, and the type of work was sanitation worker. During the work, the applicant strictly abides by the rules and regulations of the respondent every day, works diligently, and goes to work on time at 7.00-1.00 am and 16.00-20.00 pm. In the peak season of fruit market trading, in order to complete the task of the day, I have to work until 20.00 every day to get off work; There were never holidays and rest days, and this working state lasted until March 20xx 12.

On the afternoon of March 20xx 12, the respondent suddenly verbally informed the applicant that "the pavement of the fruit market is being renovated, and there won't be so many people. Don't come to work for the time being tomorrow, and come back to work two months after the road reconstruction is completed. " One month later, on April 27th, 20xx, the applicant asked when Qiu, the legal representative of the respondent, could come back to work. He said, "The road has not been repaired, so I can't go to work for the time being." After that, the applicant saw the heavy workload of the workers and took the initiative to join the workers. By May 18, 20xx, because the road surface has been repaired, the applicant asked the respondent when he can go to work again, and the answer was "The road has been repaired, and no one is needed"! At this point, the applicant was forcibly rejected by the respondent.

From September 20xx 15 to May 20xx 18, during the years when the applicant worked diligently for the respondent, the respondent neither signed a written labor contract with the applicant, nor purchased any social insurance for the applicant, nor paid overtime wages to the applicant. For this reason, the applicant has repeatedly advocated the legitimate rights and interests of the respondent and demanded that the respondent pay the social insurance premium and overtime pay of the applicant, but all failed.

To sum up, in view of the fact that the respondent's "behavior" seriously violated the relevant provisions of the Labor Law of People's Republic of China (PRC) and the Labor Contract Law of People's Republic of China (PRC), the applicant decided to file a labor arbitration with your commission according to law, and urged your commission to support all the arbitration requests of the applicant according to law.

I am here to convey

Xxx labor and personnel dispute arbitration commission

Applicant:

20 13 June 3rd

Submit an application for labor arbitration

Applicant: _ _ _ _ _ _ _ _ _ _ _ _ _ Trading Company.

Address:No. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Legal Representative: _ _ _ _ _ _, general manager.

Respondent: _ _ _ _ _ _ limited liability company.

Address:No. _ _ _ _ _ _ _.

Legal Representative: _ _ _ _ _ _, chairman of the board.

The applicant has submitted an arbitration application to you for the dispute over the purchase and sale contract with the respondent, requesting the respondent to make an arbitration award and return the outstanding payment to the applicant. According to the recent information obtained by the applicant, it is confirmed that the respondent has shown a trend of selling vehicles and transferring assets in an attempt to evade debts due to long-term poor management and serious losses.

In order to ensure that the economic interests of the applicant can be implemented smoothly after the arbitration award, according to the relevant provisions of the Civil Procedure Law and the Arbitration Law, we now apply to you: request the respondent to take arbitration preservation measures, freeze the bank deposit of 800,000 yuan of the respondent, or seal up or detain other property of the respondent with corresponding value. If the economic loss of the respondent is caused by improper arbitration preservation measures, the applicant is willing to bear all the liability for compensation.

I am here to convey

_ _ _ _ _ _ Arbitration Commission

Applicant: _ _ _ _ _ _ _ Trading Company

Legal Representative: Zhao.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Submit an application for labor arbitration

Applicant: (name) _ _ Gender: _ Nationality: _

Date of birth:19 _ _ _ Country of origin: _ _

Current address: _ _ _ (write down your current address) Tel:13 _ _ _ _

Authorized Agent: (Name) _ _ Gender: _ Nationality: _

Date of birth:19 _ _ _ Country of origin: _ _

Current address: _ _ _ (write down your current address) Tel:13 _ _ _ _

Defendant: _ _ _ _ _ _ (the name of the enterprise is written on the business license)

Legal representative (or principal responsible person): _ _ _

Address: _ _ _ _ _ _

Tel:13 _ _ _ _ _

Arbitration request:

1. Require the defendant to immediately pay the unpaid double salary of RMB _ _ _ _ _ yuan from February 20th to February 20th.

2. Require the defendant to immediately pay the plaintiff the compensation of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (compensation = economic compensation ×2).

3. Request the defendant to pay _ _ _ _ _ _ _ _ _ _ to the appellant (see the attached table for details).

4. Ask the defendant to pay RMB _ _ _ _ _ _ _ immediately.

5. Ask the defendant to help me pay the social security for 20 months immediately according to relevant laws and regulations.

The defendant was ordered to pay the plaintiff the above-mentioned request of RMB * * * _ _ _ _ in one lump sum, and pay back the social security of the plaintiff since he joined the company 20 years ago.

Facts and reasons:

The complainant has been working in the defendant's office since _ _ _ _ _ _ _ _ _ _ _. The defendant did not sign a written labor contract with the plaintiff. It was verbally agreed that the salary was 6000 yuan, and the defendant paid the salary twice a month. The salary was paid in the passbook, and the remaining 4000 yuan salary was signed by the financial department. Since I joined the company, the defendant has not gone through the social insurance formalities for me according to the law (according to the relevant regulations, the company has to withhold the payment), and has worked in the defendant's office for four days a month, working for _ hours every day, including legal holidays (including New Year's Day 1, Spring Festival 3, Tomb-Sweeping Day 1, Labor Day 1, Dragon Boat Festival 1 and Mid-Autumn Festival).

After the complainant entered the defendant's office on _ _ _ _ _ 20th, he did not seriously violate the defendant's rules and regulations, nor did he ask me to sign an open-ended contract after _ _ _ _ 65438+February 3rd1. I am very disappointed (note: the voluntary termination of the labor contract is also a turning point in the case, so we must stand firm: the defendant is here. Now the defendant dismissed the complainant without reason, and did not notify the complainant in writing 30 days in advance or pay the complainant an extra month's salary. When dismissed, the defendant refused to pay compensation to the plaintiff.

According to the relevant provisions of China's labor laws and regulations, the defendant shall pay the following economic compensation to the plaintiff:

1, from February 20th, _ _ year to February 20th, _ _ year 12: _ _ _ yuan/month ×1month = _ _ _ yuan;

2. Compensation for the defendant's illegal dissolution of the labor contract: _ _ yuan/month × month × 2 times = yuan;

3. Overtime: _ _ yuan/day × _ _ days = _ _ yuan (the average monthly salary is _ _ _ yuan, and the daily salary is calculated according to the legal working hours of 20.83 days per month; Work _ _ days per month, that is, work overtime for _ _ days per month and * * _ months, with * * * as _ _ days) plus economic compensation of _ _ _ _ yuan (above amount) × 50% = _ _ _ yuan.

4. Payment in lieu of notice: Last month's salary was RMB _ _ _ _ _ _;

5. Pay back the social security for 20 years.

Submit an application for labor arbitration

Applicant:

Domicile:

Magic weapon representative:

Respondents: Name, nationality, birth and residence in a building in a province or city.

Requested items:

1. Request for cancellation of the arbitration awardNo. JZ [20xx] according to law;

Facts and reasons:

The District Labor and Personnel Dispute Arbitration Committee hears labor disputes between the applicant and the respondent.

In case of a dispute, violation of legal procedures directly leads to an error in fact finding, and the arbitration award obviously unfair [20xx] No.2 was made accordingly. Therefore, the award meets the conditions for applying for cancellation in violation of legal procedures stipulated in Article 49 of People's Republic of China (PRC) Labor Dispute Arbitration and Mediation Law, and hereby applies for cancellation.

1. Article 38 of the Law of People's Republic of China (PRC) on Arbitration and Mediation of Labor Disputes stipulates that "the parties have the right to cross-examine and debate during the arbitration process. After the debate and cross-examination, the presiding arbitrator or the sole arbitrator shall consult the final opinions of the parties. "

In this arbitration, the key evidence for the arbitrator to make a factual determination is "the evidence collected by the investigation of this Committee and the annual inspection materials of 20xx65438+February submitted by the company to the District Labor Brigade".

The arbitrator did not cross-examine the applicant after obtaining this key evidence. Without consulting the applicant's final opinion, the evidence is directly used as the basis for judgment. Obviously violated the provisions of Article 38 of the Law of People's Republic of China (PRC) on Arbitration and Mediation of Labor Disputes, and deprived the applicant of the right to cross-examine and debate.

It is precisely because the arbitral tribunal did not provide evidence, did not consult the applicant's final opinion after obtaining evidence, the applicant did not cross-examine and express opinions on the evidence, and the arbitrator did not carefully examine the evidence that the arbitral award was wrong in fact.

(1) The annual inspection materials submitted by the evidence company to the District Labor Brigade (20xx65438+February) are a list of normal wages, salaries and income, and the applicant directly copies the personal income tax declaration form to the Labor Brigade. Wage, this form has no structural breakdown, only the total amount. According to this table, it is impossible to infer whether the overtime pay in dispute has been paid. There is no contradiction between the detailed list and the salary payment table provided by the applicant. According to this form, it is unreasonable for the arbitral tribunal to reject the salary payment form provided by the applicant.

(2) The evidence is "20x65438+February Normal Salary List", and the time interval of labor dispute between the applicant and the respondent is "20x65438+February to 20xMay". This evidence is irrelevant to this case. Seven months after the dispute between the two parties, it is obviously wrong to use evidence irrelevant to this case as the basis for ruling.

2. Article 46 of People's Republic of China (PRC) Labor Dispute Arbitration and Mediation Law stipulates that the award shall be signed by the arbitrator and stamped with the seal of the Labor Arbitration Commission.

The arbitrator did not sign the award.

To sum up, the applicant believes that there is no basis for making the arbitral award. [20xx] In violation of legal procedures, the award itself lacks legal signature elements and should be revoked according to law. I implore the Intermediate People's Court to review and revoke it according to law.

intermediate people's court

Applicant: February 20xx.