When we have a dispute or have something to decide, there will be a judgment after the court's judgment. The written judgment is a very important legal document, which can be used as evidence when necessary. Let's share the template of labor dispute appeal.
Template for labor dispute complaint 1 model for labor contract dispute complaint
Plaintiff:-Female, ID card:-
Address:No.-City-District-Road.
Authorized Agent:-Lawyer of Law Firm, Tel:-.
Defendant:-Company.
Address:No.-City-District-Road.
Legal Representative:-
ask
1. The judgment confirmed that it was invalid for the defendant to unilaterally terminate the labor contract relationship in advance, and ordered the defendant to continue to perform the labor relationship with the plaintiff at least until the end of lactation, that is, 2015105;
2. Adjudicate the defendant to pay the plaintiff's salary (the average monthly salary after tax is RMB) during the period from the date of the entry into force of this judgment;
3. Order the defendant to pay the unpaid overtime fee of RMB yuan from the date of the month to the date of the month;
4. Order the defendant to refund the deducted money-yuan;
The defendant was sentenced to bear the legal costs of this case.
Facts and reasons
The plaintiff started to work in the defendant's office on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The defendant learned that the plaintiff was pregnant on _ _ _ _ _ _ _ _ _ _ _.
The plaintiff believes that the defendant's unilateral termination of labor relations in advance is illegal and should be invalid. Therefore, he applied to the Panyu District Labor Dispute Arbitration Committee of Guangzhou for arbitration according to law. The plaintiff didn't receive the arbitration award until-Lao Zhong An Zi [20 14]No. 16;
Respondent (defendant)-City Co., Ltd. will continue to perform the labor contract signed with plaintiff Yang within ten days from the effective date of this judgment.
The plaintiff believes that arbitration has ruled that the respondent's early termination of labor is invalid, but it is wrong for the respondent not to pay the wages from the date of termination of the labor contract to the continued performance of the contract. Therefore, the plaintiff sued your court before the arbitration came into effect.
The defendant's early termination of labor relations is illegal in both entity and procedure.
First of all, the defendant violated Article 29 of the Labor Law and the Provisions on Labor Protection of Female Employees. Secondly, the defendant's early termination of the contract is a serious violation of the law. Article 43 of the Labor Contract Law stipulates that the employer shall notify the trade union in advance of the reasons for unilaterally dissolving the labor contract.
This provision is clear: the employer can only terminate the labor contract through legal procedures.
It is obviously illegal for the defendant to terminate the labor contract with the plaintiff without fulfilling this legal procedure. In practice, for such procedural violations, most courts have ruled that the unit's behavior is invalid, and the unit should continue to perform the contract and pay the wages from the termination of the contract to the continued performance of the contract.
Article 1 of the Provincial Wage Payment Regulations stipulates that if the decision of the employer to terminate the labor relationship is revoked or the judgment is invalid, it shall pay the employee the salary during the period of illegally terminating the labor relationship. The salary standard is the average normal working time salary of the employee himself 12 months ago.
To sum up, the plaintiff sued your hospital in accordance with the Labor Law, the Labor Contract Law and the Provincial Wage Payment Regulations in order to safeguard his legitimate rights and interests.
I am here to convey
-City-District People's Court
Tangible person:-
Model labor dispute appeal 2 model labor dispute appeal
Complainant: (state name, gender, age, native place and current address)
Authorized Agent: (specify name, gender, age, unit and position)
Defendant:
Address:
Legal representative (or principal responsible person): (specify name, gender, age and position)
Requested items:
Facts and reasons: (including evidence and sources, names and addresses of witnesses, etc.). )
I am here to convey
Labor dispute arbitration commission
Complainant: _ _ _ _ _ _ (signature or seal)
Date, year and month
Attachment: 1 and _ _ _ _ _ _ _ _;
2. Physical evidence _ _ _ _ _ _ _ _;
3. _ _ _ _ _ _ _ _ pieces of documentary evidence.
The format of labor dispute appeal shall contain the following items:
1. Basic information of the workers in dispute (see the complaint form formulated by the Labor Arbitration Commission for details, which can be filled in item by item);
2. Basic information of the employer (the specific filling method is the same as above);
3, the arbitration request and the facts and reasons on which it is based;
4. The name of the attached evidence, the name and address of the witness and a copy of his ID card.
When submitting an appeal to the Arbitration Commission, the parties shall also submit the following materials:
1. For labor contracts or other evidential materials that can prove labor relations, it is necessary to prove the existence of labor relations when applying for labor arbitration.
2. Copy of ID card;
3. If the employing unit is the applicant, it shall submit a copy of the business license, a copy of the approval certificate and the certification materials of the legal representative of the unit.
Model labor dispute appeal 3 labor dispute appeal
The appellant Xuzhou * * * * Co., Ltd., whose domicile is Xuzhou West Railway Station Comprehensive Trade Building * * * and telephone number is 150 * * * 9376.
Legal representative: Chen * *, chairman of the board of directors of this company.
Appellee Su * *, female, born on August 27th, 19**, Han nationality, lives in Room * * * of the dormitory of quanshan district Mining Bureau in Xuzhou City, and the telephone number is131* *1097.
The appellant refused to accept the judgments of Xuzhou Gulou District People's Court (20xx)No. 1**4 and No.2004. 1**6 is a labor dispute with the appellee, and we are now appealing according to law.
Appeal request:
1. The appellant who requests the revision of the judgment dissolves the labor relationship with the appellee according to law without paying compensation;
2. The appellant who requests the revision of the sentence does not need to pay unemployment benefits to the appellee;
3. The appellant who requests revision of the judgment does not need to pay the salary of 20xx 1 1, 12, 20xx 1 ~ 13;
4. Request to order the appellee to bear all the litigation costs of the first and second trials.
Facts and reasons:
1. The judgment of first instance found that the appellant did not provide evidence to prove that the contents of the Employee Handbook had been informed to employees, so the Employee Handbook was not binding on employees. Misidentification.
According to the relevant provisions of the law, the rules and regulations of enterprises should have legal effect on workers.
Force, must be publicized to the workers in advance. During the trial of the first instance, the appellant has provided the court with photos of the Employee Handbook, which has been put on the publicity column of the company since its formulation for employees to consult and learn. As the office director of the company, it is unreasonable for the appellee to say that he has not read the published employee handbook.
Second, the judgment of the first instance found that the time sheet provided by the appellant showed that Su * * was absent from work for 22.5 days, but the Notice of Termination of Labor Contract also stated that he had been absent from work for more than 30 days since 20x65438+February, and failed to provide sufficient evidence to prove the fact that he was absent from work for more than 30 days. Misidentification.
During the trial of first instance, the appellant provided the court with the Appellee's attendance sheet of 20xx65438+February, which proved that the Appellee had been absent from work for 22.5 days in 20xx65438+February. 20xx 65438+ 10 month, the appellee never worked in this company.
By the time the labor relationship is dissolved in 20xx65438+1October 65438+March, the absenteeism has reached more than 30 days. According to Article 1 1.4.3 of the Employee Manual, the cumulative absenteeism is 3 days a month or 7 days a year. Serious violation of the company's rules and regulations, the company has the right to terminate the labor relationship.
3. The judgment of first instance found that the cash list of the internal account provided by the appellee during the period of 20xx 1 ~9 had proved that the payment had entered the account of Yichuang Company, and the appellee had not misappropriated the company's funds. Misidentification.
The appellant's company has no internal account. The appellee claims that it has paid the * * * amount to the company's internal account, which is totally inconsistent with the facts. During the first trial
The appellant provided the court with the Notes on Su XX's Misappropriation of Company Funds, Payment Voucher, Bank Card Deposit Business Receipt and Statement of * * * * Remote Industry and Trade Co., Ltd., which proved that the appellee had seriously neglected his duty and engaged in graft, causing great losses to the company.
To sum up, the appellant dissolved the labor relationship with the appellee according to law. The first-instance judgment found that the law was illegal and the error was revoked.
Four, the court of first instance can't determine the appellee's average salary of 65438+ 1 in the first 02 months before the termination of labor relations, and the compensation shall be calculated according to three times the social average salary of the employer in the previous year. Calculation error.
The premise of calculating compensation according to the social average wage of the city where the employer is located is that the wage amount of the laborer can be determined and is higher than the social average wage of the city where the employer is located.
The evidence provided by the Appellee to the court cannot prove that the average salary of1February before the termination of the labor relationship was 13055.8 yuan. The court of first instance also acknowledged this fact in its judgment.
During the trial of the first instance, the appellant provided the court with the salary table of 20xx years 1 to 12 and the personal income tax payment certificate, which proved that the appellee's average salary in 12 months before the termination of the labor relationship was 28 17 yuan.
5. The judgment of first instance ordered the appellant to pay unemployment benefits to the appellee, and the judgment was wrong. The appellee has been re-employed and does not meet the conditions for receiving unemployment insurance benefits.
According to the provisions of Article 15 of the Regulations on Unemployment Insurance, unemployed people who are re-employed will stop receiving unemployment insurance benefits and enjoying other unemployment insurance benefits.
During the trial of the first instance, the appellant provided the court with all the industrial and commercial registration materials of Xuzhou * * * * Safety Technology Co., Ltd., which proved that the appellee and her husband Zhu Xpei established the company on February 2, 65438+ and were re-employed.
Moreover, the appellant and the plaintiff are engaged in similar business with the same hyphen. The Appellant reserves the right to pursue the tort liability for the alleged violation of the legal provisions of non-competition and the relevant provisions of the anti-unfair competition law. Although the appellee used the names of his relatives as the register of shareholders, the signatures in it were all sealed.
The plaintiff signed it, which can be seen by simple comparison.
The first-instance judgment of intransitive verbs found that the appellant failed to pay the appellee's salary of 20xx years 1 1, 12, 20xx years 1 ~ 13, and it was calculated according to three times of the average monthly salary of employees in this region last year. Identify and calculate errors.
It can be seen from the salary list of the appellee from 20xx 1 month to1February submitted by the appellant to the court at first instance that the appellant has paid the appellee's salary of 20xx1month and 20xx1February. 20xx 65438+ 10 month 1 ~ 20xx 65438+ 10 month/3, the appellee didn't go to work, so there was no salary.
The reimbursement of wages should be based on the actual amount of wages that the appellee should pay, not three times the average monthly salary of local employees in the previous year. The court of first instance, without determining the amount of the appellee's salary, calculated the supplementary salary according to three times the average monthly salary of employees in the previous year in this region, which has no factual and legal basis.
To sum up, the court of first instance found that the facts and applicable laws were wrong, and requested the court of second instance to revise the judgment according to law and support the appellant's appeal request.
Appellant: Xuzhou * * * Co., Ltd.
20Xx year1February 10 day