The conciliation statement of labor arbitration is sometimes due to some disputes with the company. At this time, a conciliation statement is needed. The mediation agreement shall be signed or sealed by both parties, and shall take effect after being signed by the mediator and stamped with the seal of the mediation organization, and shall be binding on both parties. Let's take a look at the conciliation statement of labor arbitration and related materials.
Labor Arbitration Mediation 1 Complainant: Ma xx, female, 49 years old, address:No. xx Street, xx District, xx City.
Authorized Agent: xxx, male, working in the Judicial Bureau of xx District, xx City, with the authority to admit, waive and modify the arbitration request, provide evidence, participate in the debate, request mediation and collect legal documents.
Appellee: State Taxation Bureau, xx District, xx City, domicile: xx Street, xx District.
Legal Representative: Li xx, male, aged 50, director.
Authorized Agent: Zheng xx, male, working unit: State Taxation Bureau, xx District, xx City, with agency authority: to admit, waive and modify arbitration claims, provide evidence, participate in debates, request mediation, collect legal documents and file counterclaims.
Cause of action: wage and remuneration dispute
Ma xx, plaintiff, v. State Taxation Bureau of xx District, xx City, respondent. After accepting the case, the Committee shall form an arbitration tribunal according to law and hold a hearing. The plaintiff Ma xx, his entrusted agent xxx and the defendant entrusted agent Zheng xx to appear in court.
After mediation by the court, both parties voluntarily reached the following agreement:
1. If both parties terminate the labor relationship, the wage difference and economic compensation paid by the Appellee to the Appellant to terminate the labor relationship is nine thousand Wu Bai Yuan only (9,500 Yuan), which shall be paid within five days after the mediation takes effect.
Two, the arbitration fee of 400 yuan, each party shall bear 50%.
This conciliation statement has the same legal effect as the arbitration award.
Arbitrator: Liu xx
Complainant: Ma xx xxx Respondent: Zheng xx
Xx District Labor Dispute Arbitration Commission of xx City
Production and delivery date.
Labor arbitration and mediation 2 arbitration and mediation
Xx Lao ren zhong zi [20]
Applicant:
Address:
Entrusted agent:
Respondents:
Domicile:
Legal representative (principal responsible person): Position:
Entrusted agent:
Cause of action and handling process
The applicant claims that:
The defendant argued that:
The Committee found that:
Under the auspices of the Committee, the two parties reached the following mediation agreement:
This mediation will come into effect after being signed by both parties.
Arbitrator:
Clerk:
date month year
Interpretation of arbitration conciliation statement
I. Document basis
Law on mediation and arbitration of labor disputes
Article 42 Before making an award, the arbitration tribunal shall conduct mediation first.
If an agreement is reached through mediation, the arbitration tribunal shall make a conciliation statement.
The conciliation statement shall specify the arbitration request and the result of the agreement between the two parties. The conciliation statement shall be signed by the arbitrator, stamped with the seal of the Labor Dispute Arbitration Commission and served on both parties. The conciliation statement shall have legal effect after it is signed by both parties.
Before the conciliation statement is served, if the conciliation fails or one party reneges, the arbitration tribunal shall make an award in time.
Second, the scope of use of the document and the problems to be solved
This document is a mandatory format document made by the Arbitration Commission according to the mediation agreement reached by the parties.
Third, the document filling requirements and matters needing attention
1, the basic information of the party concerned, including the name, gender, date of birth, native place and current address of the employee; The name, gender, date of birth, work unit and position of the entrusted agent, and the lawyer only needs to write the name and the name of the law firm; The name and domicile of the unit, the name and position of the legal representative (principal responsible person) and the entrusted agent, etc.
2. The conciliation statement shall specify the matters and amount of the applicant's arbitration request.
3. The conciliation statement may briefly list the facts identified. In cases with clear facts and little controversy, the parts of "Defended by the Respondent" and "ascertained by the Committee" can be omitted, and the mediation agreement reached by the parties can be directly listed after the applicant's request and amount are stated.
4. The contents of the mediation agreement shall not violate the law, but shall be enforceable. The mediation agreement reached by the parties shall specify the time, method and payment amount of the agreement. If the applicant's arbitration claim has not been fully realized, it shall be indicated that the applicant waives other arbitration claims.
5. The conciliation statement shall be stamped with the seal of the Arbitration Commission.
6. The conciliation statement has legal effect after being signed by both parties. Mediation can not be served by lien.
Labor Arbitration Mediation I. Implementation of Labor Arbitration Mediation
The conciliation statement of labor arbitration can be enforced. Article 51 of the Labor Dispute Mediation and Arbitration Law stipulates that the parties shall perform the legally effective conciliation statement and award within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for execution in accordance with the relevant provisions of the Civil Procedure Law.
The people's court that accepts the application shall execute it according to law. Steps to apply for compulsory execution: obtain an application for execution and fill in relevant information; Get the number and register; Wait for the call, go to the corresponding filing window and submit all the materials; After the examination and approval, a notice of acceptance for the record will be issued.
Two. Documents to be submitted for application execution
1, apply for execution.
The application for execution shall specify the reasons, matters, the object of execution and the property status of the person subjected to execution known by the application executor.
2 effective legal documents as the basis for implementation.
3. Applicant's identity certificate: when applying for a legal person, a citizen should present his/her resident identity card, a copy of the business license of the legal person and the identity certificate of the legal representative, and a copy of the business license and the identity certificate of the principal responsible person when applying for other organizations.
4. If the application for execution is made on behalf of the applicant, a power of attorney shall also be submitted.
5. The application execution fee does not need to be paid in advance, but the execution fee that should be charged by the people's court according to law is deducted from the first execution fee that has been executed by the people's court.
Payment standard: if the execution amount or price is below 6,543,800 yuan, each item shall be paid to 50 yuan; If it is more than 10,000 yuan and less than 500,000 yuan, it shall be paid according to the execution amount or 5/1000 of the price; If it exceeds 500,000 yuan, it shall be paid according to one thousandth of the execution amount or price plus 2,000 yuan.
6. It is also necessary to issue a valid certificate to the arbitrator to prove that the arbitral award has come into effect, or to prove the time when both parties received the award and a copy of the receipt of both parties (or to prove that the prosecution period has expired and has come into effect. )
Three. Time and procedure for acceptance and execution by the enforcement court
The filing institution of the people's court shall examine and file the case within seven days, and if it meets the execution conditions, it shall be transferred to the execution institution; The enforcement case that does not meet the requirements shall be ruled inadmissible within seven days. After accepting the transfer, the executing agency shall issue a notice of execution to the person subjected to execution within three days, and order the person subjected to execution to perform the obligations specified in the effective legal documents.
And bear the debt interest or delayed payment during the period of delayed performance; If it fails to perform within the time limit, it shall be enforced according to law. When a people's court executes a case, it usually ends within six months from the date of filing the case.
In the process of court execution, the applicant shall, in accordance with the requirements of the people's court, provide the property status, property clues, debt performance ability and whereabouts of the person subjected to execution in time to facilitate execution. Otherwise, when the people's court cannot find the property of the person subjected to execution, the applicant for execution shall bear the risk of execution failure.
If the person applying for execution knows the property clues of the person subjected to execution, but it is really difficult to find out the property status of the person subjected to execution by himself, he has the right to request the people's court to investigate. However, the application executor shall submit a written application and explain the reasons.