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Whether lawyers are required for labor arbitration

Time: September 13, 2024 label: Labor disputes Labor arbitration Reading: 1451 people
Lawyer's analysis:
about lawyer for, agent Labor arbitration is one of its business areas.
However, whether you need to seek the assistance of professional lawyers depends on your understanding of the relevant legal norms and your personal financial situation.
With regard to such issues, the current《 Labor Dispute Mediation and Arbitration Law 》It has been clearly stipulated that statute Article 24 stipulates that any party involved in the arbitration process has the right to appoint an agent to participate in the arbitration proceedings on its own behalf.
In the process, your identity as the principal must be signed or sealed by yourself Power of Attorney And the power of attorney shall describe your specific scope of authorization and limit of authority in detail.
Legal basis:
Article 24 of the Labor Dispute Mediation and Arbitration Law
The parties may entrust agents to participate in arbitration activities. When entrusting others to participate in arbitration activities, a power of attorney signed or sealed by the entrusting party shall be submitted to the labor dispute arbitration commission, which shall specify the entrusted items and authorities.
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To apply for labor arbitration, the following steps should be followed: 1. Submit the application. And submit copies according to the number of applicants. 2. Arbitration acceptance. The arbitration commission shall decide whether to accept or not within five days from the date of receiving the arbitration application. 3. The hearing

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. Due to working hours, rest and vacation, social insurance, welfare, training

Labor arbitration means that the labor dispute arbitration committee arbitrates and adjudicates the labor dispute applied for arbitration by the parties. In China, labor arbitration is a necessary procedure for labor dispute parties to bring a lawsuit to the people's court. According to the Labor Dispute Mediation and Arbitration Law, it is proposed that

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  • What materials does the other party need to apply for labor arbitration

     Lawyer Guo Peiyuan

    Lawyer Guo Peiyuan

    When applying for labor arbitration, it is necessary to submit the industrial and commercial registration information of the respondent to confirm the legal subject qualification. At the same time, provide labor contracts, payroll documents, attendance records and other documents to prove the occurrence of labor disputes, as well as work related mail, communication records and other supplementary evidence.

    Views: one thousand and forty 2024-09-24
  • What procedures should be prepared for applying for labor arbitration

     Lawyer Guo Peiyuan

    Lawyer Guo Peiyuan

    Before submitting the labor arbitration, the following materials should be prepared: complete the labor arbitration application, including claims and factual basis; Provide identity documents; Collect evidences proving labor relations such as labor contracts and payslips; Obtain registration information such as the business license of the complained party; And prepare overtime records, notice of termination and other additional evidence.

    Views: eight hundred and seventeen 2024-09-24
  • Several cases of labor arbitration exceeding the trial period

     Lawyer Guo Peiyuan

    Lawyer Guo Peiyuan

    When handling labor arbitration cases, the long trial period may be caused by the following reasons: First, the case is complex, and more time needs to be invested to collect and verify evidence; Second, the arbitration institution's management omission or poor process led to the extension of the trial period; Third, natural disasters, wars and other force majeure events affect the normal hearing.

    Views: one thousand two hundred and ninety 2024-09-24
 Lawyer Guo Peiyuan

Beijing Jiawei Law Firm

Lawyer Guo Peiyuan has handled a large number of dispute cases such as criminal defense, company operation, labor injury, contract affairs, etc., and served as the legal adviser of many companies. His conscientious attitude and patient and responsible communication method have been well received by the parties. Lawyer Guo Peiyuan is quick in thinking, skilled in legal expertise, experienced in handling cases, and proficient in various laws and regulations; Be familiar with the writing of various official documents and legal texts; Strong ability of expression, communication, judgment and logical analysis; Be good at communicating with people and have good team spirit. Lawyer Guo Peiyuan handles cases seriously, rigorously and meticulously, and strives for legal interests for the parties, which is highly praised by the parties. For the client, a small case may be a big one in his life. It is his service tenet to serve each client with a professional and dedicated attitude. Due to busy working hours, it is impossible to answer your questions on the Internet all the time due to frequent court appearances and visits to detention centers and other case handling agencies. If the problem is urgent, it is recommended to call directly, and I hope to give you a satisfactory answer!

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  • What evidence does overtime pay labor arbitration need

    Read by 2012 people

    In labor disputes, the main evidences related to overtime include: attendance records, such as fingerprint clock in, sign in book, and overtime approval form, which can prove the overtime duration; Payslip and bank details can prove the payment of salary and overtime pay; The overtime related emails, work achievements, communication records, etc. can prove the work task; Colleague testimony can be used as supporting evidence.

  • How to compensate for labor arbitration without signing a contract

    1917 people reading

    If no labor contract is signed, the worker can apply for labor arbitration to claim compensation: if the unit fails to sign a written labor contract with the worker after one month, the unit will have to pay double wages; If the unit illegally dismisses workers, the unit has to pay economic subsidies or compensation. Workers should prepare evidence that can prove the existence of labor relations, such as wage payment vouchers, work permits, attendance records, etc.

  • What to do if the unit refuses to accept the appeal of the labor arbitration result

    1391 people read

    If you are not satisfied with the result of the labor arbitration award and want to appeal, don't worry too much. This is the legal right of the employer, not necessarily a bad thing. At this time, it is recommended that you prepare for litigation response as soon as possible. The first thing to do is to sort out and save the key evidence of the case, such as labor contracts, payroll, work records, etc. Then, systematically sort out the case facts and arbitration claims to ensure that their positions can be clearly stated in the litigation.

  • Can I apply again after the end of labor arbitration

    1642 people reading

    Under normal circumstances, after the completion of the labor arbitration procedure, in case of special circumstances, the applicant can apply for a retrial. If the result of labor arbitration is revoked by the court, the applicant can bring a lawsuit on the same dispute within 15 days after receiving the ruling. If you have any objection to the arbitration resolution, you have to file a lawsuit within 15 days after receiving the award. If this time is exceeded, the award will come into force, and usually no labor arbitration application will be accepted.