Things to note in the labor arbitration mediation letter

Things to note in the labor arbitration mediation letter. If there is a dispute at work, it will usually be resolved by an arbitration tribunal. Workers can apply for labor arbitration. The organization first conducts mediation and resolves the matter through communication. Let’s take a look at the things to note in the labor arbitration mediation letter. Notes on the Labor Arbitration Mediation Letter 1

1. Materials that should be submitted when applying for labor arbitration

1. The Appellant shall truthfully and accurately fill out the "Appeal Letter" and the "Appeal Letter" in accordance with the regulations. Letter" in triplicate, two of which shall be submitted to the arbitration committee by the complainant himself or his authorized agent, and one shall be retained by the complainant;

2. If the identity proves that the complainant is a worker, submit his/her identity The original and copy of the certificate; if the complainant is an employer, submit a copy and copy of the unit's business license, the identity certificate of the unit's legal representative, the identity certificate of the authorized agent, a power of attorney, etc.;

3. Relevant materials that can prove the existence of a labor relationship with the respondent, such as labor contracts (employment contracts or agreements), notices of rescission or termination of contracts, pay slips (slips), social insurance payment certificates and other materials and copies; < /p>

4. Other materials When the complainant applies for labor arbitration, if the arbitration committee requires the complainant to submit relevant materials that can prove the identity of the respondent based on the needs of case filing and review, the complainant shall submit it.

If the respondent is an employer, proof of its industrial and commercial registration (including name of the unit, legal representative, place of residence, place of business, etc.) shall be submitted; if the respondent is an employee If you are a registered applicant, you should submit your registered address, current residence address, contact number, etc.

2. Determine the scope of the labor dispute

It is not necessary for everyone working in the unit to determine whether the dispute is a labor dispute and whether it can be resolved directly through civil litigation. The relationship between personnel and units is a labor relationship. Therefore, before a person files a complaint, he must clearly understand whether the nature of the relationship between him and his unit is a labor relationship, a service relationship, or other civil relations.

1. Labor relations and factual labor relations are legal labor relations and are protected by law.

The burden of proving the existence of a labor relationship lies with the employee. To obtain legal protection, employees must first prove the existence of this relationship. If the employee fails to prove this, the lawsuit may be lost.

The evidence that the employee can prove that there is a legal labor relationship with the respondent includes: labor contract, which is the most effective evidence. In the absence of a labor contract, salary slips, bank salary card records, vacation slips, handover orders, work certificates, work clothes, etc. can all be used as evidence. You should develop the habit of saving these things in your daily work and life.

2. Labor relations are not protected by labor law, and separate civil lawsuits should be filed. The difference between labor relations and labor relations is a difficult problem for people without legal expertise. When a dispute occurs, it can be determined by consulting a lawyer or going to the labor arbitration department to ask whether to open a case.

If it is determined that the two parties have a labor relationship rather than a labor relationship, they must promptly file a lawsuit with the People's Court to safeguard their legitimate rights and interests.

If there is a labor export or import relationship, you must first distinguish which one is the labor relationship and which one is the labor service relationship. Labor relations should not be mistaken for labor relations. Otherwise, it will be in vain (3) If the unit gives you a salary slip, you can directly file a lawsuit with the People's Court to save time.

If your employer issues a salary slip to you, you can directly file a lawsuit with the People's Court and require the employer to pay the amount. Although the administrative department of labor and social security considers this to be a labor dispute, according to the judicial interpretation of the Supreme People's Court, you can still file a lawsuit directly, and if the statute of limitations is exceeded, winning the lawsuit is not a problem.

It can be seen that when a labor dispute occurs, the first step for workers when applying for arbitration is to grasp the nature of the relationship with the employer and fully collect and master all evidence that is beneficial to them. Only by grasping this point can we determine the relief channels, avoid making mistakes at the beginning of the arbitration, and lay a solid foundation for the next step.

3. Time limit for applying for labor arbitration

Apply for arbitration to the labor dispute arbitration committee with jurisdiction within the time limit stipulated by law. After a labor dispute occurs, workers must Submit a written application to the arbitration committee within sixty days from the date of occurrence of the dispute.

Although this provision is unreasonable, the complainant still has to comply with the requirements of this provision until the labor law is revised. If it exceeds 60 days, the physical rights will be lost. In this case, even if it enters the litigation process, it will not be supported by the court.

4. The subject of the appeal in labor arbitration

Determination of the subject of the appeal When applying for labor arbitration, the determination of the subject of the appeal includes two aspects: one is the complainant, and the other is the respondent. main body.

If the complainant is an employee, he must use the name on his or her ID card. When the name on the labor contract is inconsistent with the name on the ID card, you must go to the public security organ to issue a certificate to prove that the two names are the same person before applying for arbitration, and then use the name on your ID card to apply for arbitration.

Otherwise, the arbitration agency may not accept the case, or the case may not be enforced even if the case is won.

If an organization serves as the complainant, be sure to use your full name. The relevant name must be consistent with the official seal and the filing with the industrial and commercial authority. Another thing to note is that no matter who is the complainant, the respondent must be the counterparty with whom he or she has a labor relationship.

5. Correctly determine the appeal request

When applying for labor arbitration, how to determine the appeal request is a big question. Not all disputes fall within the scope of labor arbitration, and not all All requests for arbitration must be supported by the Labor Dispute Arbitration Committee.

For example, housing provident fund disputes are not accepted by the Labor Dispute Arbitration Commission; social insurance disputes are currently not accepted by Beijing's labor arbitration institutions. Then, the complainant should be aware of these circumstances when determining the arbitration request.

However, as far as social insurance disputes are concerned, if you do not raise it during arbitration and go directly to the court for litigation, the court will not accept it. Notes on Labor Arbitration Mediation Letter 2

1. Labor Arbitration Process:

1. Case filing materials required to apply for labor arbitration:

The parties applying for arbitration should Submit 2 copies of the written arbitration application, 1 copy of the ID card, 2 copies of the evidence list and evidence, 1 copy of the company's industrial and commercial registration information, etc.

2. Arbitration acceptance:

The arbitration committee shall make a decision on acceptance or rejection within five working days from the date of receipt of the arbitration application. If the arbitration committee decides to accept the application, it shall serve a copy of the labor arbitration application to the respondent within five days from the date of its decision. If it is decided not to accept the application, the reasons shall be stated.

3. Hearing:

The arbitral tribunal shall notify both parties in writing of the date and location of the hearing five days before the hearing. If the applicant refuses to appear in court without justifiable reasons or leaves the court midway without the consent of the arbitral tribunal, the applicant will be treated as if the case has been withdrawn, and a default ruling may be made against the respondent.

4. Arbitration and mediation:

If the two parties reach a mediation agreement, the arbitral tribunal shall prepare a mediation letter. Most of the cases I represent remotely have reached mediation at the labor arbitration stage. Of course, general mediation requires some concessions in terms of amount. This way you get your money faster and reduce risk and time investment.

5. Arbitration award:

If the two parties fail to reach an agreement through mediation. Then the arbitration committee will issue an award to both parties within a period of time after the hearing. Both parties can file a lawsuit in court within 15 days after receiving the award. If no prosecution is instituted, the award shall take effect.

6. Enforcement.

If the other party fails to fulfill the labor arbitration award or mediation letter, the party concerned can apply for compulsory execution at the enforcement tribunal of the court. The execution fees shall be borne by the person subject to execution. During the execution period, interest will be calculated based on the loan interest rate. Enforcement information will also be uploaded to the Internet, which will have an adverse impact on the person subject to execution. Isn’t Wang Sicong also on the list of executioners and restricted from high consumption?

2. The "Labor Arbitration Application" includes the following contents:

1. The employee's name, gender, date of birth, ethnicity, ID number, address, and contact number.

2. The name of the employer, its address, the name and position of its legal representative.

3. Arbitration request and the facts and reasons based on it.

4. Evidence and evidence source, witness name and residence (you can write a separate evidence list).

5. In the lower right corner, the name and date of the payment applicant.

3. Is it necessary to hire a lawyer to apply for labor arbitration?

Applying for labor arbitration is a labor lawsuit. Simple cases, such as just asking for salary payment, can be handled by yourself. Please write down the application matters: Requesting a ruling that the respondent should pay diversified wages. During the hearing, just follow the arbitrator's request based on the actual situation.

For more complex cases, it is recommended to be represented by a lawyer who specializes in labor cases. Because the laws and regulations related to labor cases are relatively complicated, if you are not a lawyer who often handles labor cases, you may find that you do not know as much as you do. Spending expensive legal fees is not worth the gain.

You can also choose remote agency services, which are more professional and cheaper. It can also avoid irreversible losses caused by blindly safeguarding rights. Notes on Labor Arbitration Mediation Letter 3

1. Materials required for labor arbitration

1. Application letter.

The application should be made in triplicate, two copies should be submitted to the Arbitration Committee, and one copy should be kept by the applicant. When the respondent is the same party, the application should be made in four copies, and three copies should be submitted to the Arbitration Committee, and the applicant should keep one copy. One serving.

The application must be written with a blue-black or black pen or a signature pen, and must be signed by the applicant and dated. The application form should state the name, gender, age, occupation, workplace, and residence of the employee.

In addition to the basic information of the parties such as the contact number and the name and address of the employer, the name, position, contact number of the legal representative or person in charge, etc., there should also be a clear and specific application request and the basis for the application. facts and reasons.

2. Proof of identity.

If the applicant is a worker, he should bring his/her identity certificate and submit a copy, on A4 paper. If there is an authorized agent, he/she should also submit a power of attorney and the authorized agent's identity certificate, etc.; apply If you are an employer, you should bring a copy of the unit's business license and submit a copy, A4 paper, as well as the identity certificate of the unit's legal representative, a power of attorney, the identity certificate of the authorized agent, etc.

3. Labor relationship certificate.

Such as labor contract, proof of rescission or termination of labor contract, proof of salary payment, proof of social insurance payment, work permit, pass and other materials and corresponding copies, A4 paper,

4. Proof of identity of the respondent.

When an applicant applies for labor arbitration, if the arbitration committee requires the applicant to submit relevant materials that can prove the identity of the respondent based on the needs of the case filing review, the applicant should submit it as much as possible.

If the respondent is an employer, proof of its industrial and commercial registration should be provided, including the name of the unit, legal representative, residence, copy of ID card, Business place, etc.; if the respondent is a laborer, he or she should submit the address of his/her registered residence, current residence address, contact number, etc.

5. Delivery address confirmation.

When submitting the application, the applicant should fill in the "Confirmation of Service Address" and indicate the detailed address, postal code and contact number for receiving the arbitration document.

2. What is labor arbitration?

Labor arbitration refers to the central adjudication and award of labor disputes submitted by the parties to arbitration by the Labor Dispute Arbitration Committee.

In our country, labor arbitration is a necessary procedure for parties to labor disputes to file lawsuits in the People's Court. According to the provisions of the Labor Dispute Mediation and Arbitration Law, the party initiating labor arbitration shall submit a written application to the Labor Dispute Arbitration Committee within one year from the date of the occurrence of the labor dispute.

Unless the party is due to force majeure or has other legitimate reasons, the arbitration committee will not accept the application if it exceeds the statute of limitations stipulated by law.

In summary, the materials that need to be prepared to go to the arbitration tribunal to resolve a labor dispute include an application, proof of identity, proof of labor relationship, proof of identity of the respondent, and confirmation of service address, all of which are indispensable.