Legal analysis
Employees applying for labor arbitration need to submit the following materials: 1, application for labor arbitration (explain the factual reasons of the application in detail, in duplicate or fill in according to the number of applicants); 2, the applicant's identity certificate and a copy; 3. If there is an entrusted agent, it is necessary to sign and submit the power of attorney in person, indicate the entrusted matters, and submit a copy of the ID card of the entrusted agent. If the principal's agent is a practicing lawyer sent by a law firm, a copy of the lawyer's practice certificate shall be provided; If the agent of the principal is a citizen, it shall provide the free agency agreement signed with the principal and the legal information on the relationship between the agent and the principal; 4. industrial and commercial registration information of the respondent; 5. Proof of the labor relationship between the applicant and the respondent; (Proof materials include: labor contract, temporary residence permit, work permit, factory brand, work card, payroll (single), employment registration form, deposit receipt, and punishment certificate and notice or certificate of dismissal, dismissal or termination of labor relations, etc. When the applicant submits the certification materials, one original and one copy shall be attached, and the original shall be returned after examination; 6. Submit a list of evidential materials in duplicate; Where the applicant is in a collective dispute: in addition to the materials in Article 1 1-6, the applicant shall recommend three or five employee representatives, and submit the list of employee representatives and the signature form of all employees. Among them, if it is a collective dispute case of unpaid wages, the applicant shall also submit the list of employees with unpaid wages and the balance table of unpaid wages.
legal ground
People's Republic of China (PRC) Law on Mediation and Arbitration of Labor Disputes Article 2 This Law is applicable to the following labor disputes between employers and employees in People's Republic of China (PRC): (1) Disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts; (3) Disputes arising from delisting, dismissal, resignation or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection; (five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation; (six) other labor disputes as prescribed by laws and regulations.
Article 50 of the Labor Law of People's Republic of China (PRC) * * * Wages shall be paid to the workers themselves on a monthly basis in the form of currency. The wages of workers shall not be deducted or delayed without reason.