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Which department should workers go to for rights protection

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Which department should workers go to for rights protection


        

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  • 2024-06-13 13:00:01

    Workers' rights protection can find the labor arbitration bureau or labor supervision team and the court where the company is located to submit labor arbitration or court complaints. The time limit for applying for labor arbitration is one year. Pay special attention not to miss the time limit for applying for labor arbitration for one year, and never give up the right to apply for labor arbitration easily. There are also mediation procedures in the labor arbitration procedure, so we should seize the opportunity of mediation. Pay attention to retaining relevant evidence materials, such as payslips, work permits, etc. Since the right of action can only be exercised once, the arbitration request must be accurate. General methods for workers to safeguard their rights according to law:
    First of all, we should actively and timely learn and understand relevant labor laws, regulations and policies, and safeguard rights according to law.
    Second, negotiate with the employer in advance, present the facts and reason.
    Third, conduct mediation through formal mediation organizations.
    Fourth, apply to the competent labor dispute arbitration committee for labor arbitration.
    In the practice of rights protection, workers often encounter some difficulties, which are mainly reflected in the following aspects:
    1. Limitation of labor arbitration application. In practice, many workers have exceeded the time limit for labor arbitration due to various reasons. Therefore, when encountering labor disputes, workers should pay special attention not to miss the one-year labor arbitration prescription, and never give up the right to apply for labor arbitration easily.
    2. There are also mediation procedures in the labor arbitration procedure, so we should seize the opportunity of mediation.
    3. Pay attention to retaining relevant evidence materials, such as payslips, work permits, etc.
    Therefore, workers who want to safeguard their rights can adopt the above methods.
    Legal basis:
    Article 4 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, in case of a labor dispute, the worker may consult with the employer, or ask the trade union or a third party to consult with the employer to reach a settlement agreement.
    Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If they are unwilling to mediate, fail to mediate, or fail to perform after reaching a mediation agreement, they may apply to the labor dispute arbitration committee for arbitration; If they are not satisfied with the arbitral award, they may bring a lawsuit to the people's court, unless otherwise provided for in this Law.
    Article 6 In case of a labor dispute, the parties concerned shall have the responsibility to provide evidence for their claims. If the evidence related to the disputed matters is under the control of the Employer, the Employer shall provide it; If the employer fails to provide, it shall bear the adverse consequences.

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