Must labor dispute be arbitrated before arbitration

Answered thirty-two thousand five hundred and seven Legal advice>

Hello, on the question of whether it is necessary to arbitrate labor disputes before litigation, my answer is as follows. Under the following circumstances, labor disputes should be arbitrated before litigation: According to Article 2 of the Labor Dispute Mediation and Arbitration Law, the following labor disputes between employers and workers within the territory of the People's Republic of China apply to this law:
（1） Disputes arising from the confirmation of labor relations;
（2） Disputes arising from the conclusion, performance, modification, dissolution and termination of labor contracts;
（3） Disputes arising from expulsion, dismissal, resignation and resignation;
（4） Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;
（5） Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;
（6） Other labor disputes stipulated by laws and regulations.

Answered thirty-two thousand five hundred and seven Legal advice>

Arbitration means that the parties to a civil or economic dispute submit the dispute to the arbitration commission according to the agreement, and the arbitration commission will focus on the case for judgment and adjudication
The application for arbitration must meet the following two conditions:
(1) An arbitration agreement is reached between the parties, that is, a clear agreement is reached that disputes that have occurred in the future will be settled by an arbitration commission.
(2) It is agreed that the subject of arbitration must be a legal civil economic dispute, but it does not:
① Disputes over marriage, adoption, guardianship, support and inheritance;
② Administrative disputes that should be handled by the customs according to law;
③ Labor disputes (such disputes shall be settled by a special labor dispute arbitration committee);
④ Agricultural contract disputes within agricultural collective economic organizations.
If both of the above conditions are met, the parties may apply for arbitration to refer to Article 2 and Article 3 of the Arbitration Law. Therefore, there is no need to apply for arbitration.

Answered thirty-two thousand five hundred and seven Legal advice>

1. Labor disputes need arbitration before litigation.
　　
2. According to the law, labor disputes and disputes should be applied for labor arbitration first. If you are not satisfied with labor arbitration, you can bring a lawsuit in the court. Labor arbitration is a necessary procedure for bringing a lawsuit in court.
Labor Law
Article 79 After a labour dispute occurs, the parties concerned may apply to the labour dispute mediation committee of their unit for mediation; If mediation fails and one party requests arbitration, it may apply to the labor dispute arbitration committee for arbitration. One party may also directly apply to the labor dispute arbitration committee for arbitration. If they are not satisfied with the arbitration award, they may bring a lawsuit to the people's court.