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How to apply for labor arbitration

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How to apply for labor arbitration


        

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  • 2024-06-18 19:00:57

    To apply for labor arbitration by oneself, a written arbitration application shall be submitted to the competent labor dispute arbitration committee within the one-year arbitration limitation period.

    An individual applying for labor arbitration shall submit a written arbitration application to the labor dispute arbitration commission with jurisdiction within the one-year arbitration limitation period. The application for arbitration shall contain the following items: basic information of workers and employers; The arbitration claim and the facts and reasons on which it is based; Evidence and its source, name and address of witness. According to the provisions of Article 28 of the Labor Dispute Mediation and Arbitration Law, the applicant shall submit a written arbitration application for arbitration, and submit copies according to the number of the respondent. The application for arbitration shall state the following items: (1) the name, gender, age, occupation, work unit and residence of the worker, the name and residence of the employer, and the name and position of the legal representative or principal person in charge; (2) The arbitration claim and the facts and reasons on which it is based; (3) Evidence and its source, name and address of witness. If it is really difficult to write an arbitration application, an oral application may be made, which shall be recorded by the labor dispute arbitration committee and notified to the other party.

    Legal basis

    Article 28 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, when applying for arbitration, the applicant shall submit a written arbitration application, and submit copies according to the number of the respondent.
    The arbitration application shall specify the following items:
    (1) The name, sex, age, occupation, work unit and residence of the laborer, the name and residence of the employer, and the name and position of the legal representative or principal responsible person;
    (2) The arbitration claim and the facts and reasons on which it is based;
    (3) Evidence and its source, name and address of witness.
    If it is really difficult to write an arbitration application, an oral application may be made, which shall be recorded by the labor dispute arbitration committee and notified to the other party.

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