How to handle labor disputes?
 How to handle labor disputes? There are four ways to deal with labor disputes: consultation (reconciliation), mediation, arbitration, and litigation consultation (reconciliation). (1) If a consensus is reached through consultation, a written settlement agreement shall be signed. The settlement agreement shall be binding on both parties and shall be performed by them. (2) If, upon examination by the arbitration tribunal, the procedures and contents of the settlement agreement are legal and effective, the arbitration tribunal may use them as evidence. However, the recognition of the disputed facts involved in the compromise made by the parties for the purpose of reaching a settlement is excluded. Mediation (1) The mediation committee is composed of workers' representatives and enterprises' representatives, and the number of members is determined by both parties through consultation. The number of members of both parties should be equal. The workers' representatives shall be members of the trade union committee or elected by all the workers, and the enterprise representatives shall be designated by the person in charge of the enterprise. The chairman of the mediation committee shall be a member of the trade union committee or a person elected by both parties. In the event of a labor dispute, if the parties have not applied for mediation, the mediation committee may take the initiative to mediate after obtaining the consent of both parties. (2) The mediation agreement shall be signed or sealed by both parties, and become effective after being signed by the mediator and sealed by the mediation committee. The effective mediation agreement is binding on both parties, and the parties shall perform it. The labor dispute arbitration commission shall not be set up according to administrative divisions. The labor dispute arbitration committee is composed of representatives of the labor administrative department, representatives of the trade union and representatives of the enterprise. (1) Limitation of arbitration: one year, counting from the date when the parties knew or should have known that their rights were infringed. Exception: If a dispute arises due to arrears of labor remuneration during the existence of labor relations, it shall not be subject to the limitation period of arbitration; However, if the labor relationship is terminated, it shall be proposed within one year from the date of termination of the labor relationship. (2) Inversion of burden of proof: if the evidence is held by the employer, the unit shall provide evidence, otherwise the unit shall bear the adverse consequences. If a worker claims overtime pay, he shall bear the burden of proof on the existence of the fact of overtime. However, if the laborer has evidence to prove that the employer knows the existence of overtime, if the employer fails to provide such evidence, the employer shall bear the adverse consequences. (3) Collective labor dispute: if one party of the workers involved in a labor dispute is more than ten and has a common request, representatives can be elected to participate in mediation, arbitration or litigation activities. (4) Arbitration award: The arbitration award made for the following disputes shall be final to the Employer and shall become legally effective as of the date of making the award; If the laborer is not satisfied with the arbitration award, he may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award: the same arbitration award made by the labor and personnel dispute arbitration commission in litigation contains both final award and non final award. If the party is not satisfied with the arbitration award and brings a lawsuit to the people's court, it shall be handled as a non final award. Extended information: labor disputes: disputes between labor relations parties caused by differences in labor rights and obligations, also known as labor disputes. Some of them are disputes over established rights, that is, disputes arising from the application of the Labor Law and the established contents of labor contracts and collective agreements; Some disputes arise from the demand for new rights, which arise from the formulation or change of working conditions. Labor contract disputes are civil disputes, and disputes are generally civil acts caused by contracts and torts. Complaints include: labor dispute complaint (dispute) and civil complaint (dispute). Labor relations include: factual labor relations (disputes) and labor contract relations (disputes). Do you understand this explanation?