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What does it take to apply for labor arbitration and how much is the cost.?

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What does it take to apply for labor arbitration and how much is the cost.?


        

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  • 2024-06-14 09:00:55

    What is needed for applying for labor arbitration and how much is the cost. What is needed for applying for labor arbitration and how much is the cost. According to Article 53 of the Labor Dispute Arbitration and Mediation Law, there is no charge for labor dispute arbitration. The funds of the labor dispute arbitration committee shall be guaranteed by the finance. Therefore, there is no charge for labor arbitration. Application materials for labor dispute arbitration 1. Application form. The application is in triplicate, two copies submitted to the arbitration commission, and one copy retained by the applicant. If the respondent is a joint party, the application shall be made in quadruplicate, submitted to the arbitration commission in triplicate, and the applicant shall keep one copy. The application form shall be written in blue black or black pen or signature pen, and shall be signed by the applicant and marked with the application date. In addition to the basic information of the employee's name, gender, age, occupation, work unit, address, contact phone number, and the employer's name, address, name, position, contact phone number of the legal representative or responsible person, the application should also have a clear and specific application request and the facts and reasons on which the application is based. 2. Identification. If the applicant is a worker, he/she shall bring his/her own identity certificate and submit a copy. If there is an entrusted agent, the power of attorney and the identity certificate of the entrusted agent shall also be submitted; If the applicant is an employer, he/she shall carry a copy of his/her business license and submit a copy. And the identity certificate of the legal representative of the unit, the power of attorney, the identity certificate of the entrusted agent, etc. 3. Labor relationship certificate. Such as labor contract, certificate of cancellation or termination of labor contract, certificate of salary payment, social insurance payment certificate, work card, access card and other materials and corresponding copies. 4. The identity certificate of the respondent. When the applicant applies for labor arbitration, if the Arbitration Commission requires the applicant to submit relevant materials that can prove the identity of the respondent according to the needs of case filing review, the applicant shall submit as much as possible. If the respondent is an employer, it shall provide evidence of its industrial and commercial registration, including its name, legal representative, domicile, photocopy of ID card, place of business, etc. If the respondent is a worker, he/she shall submit the address of his/her registered permanent residence, address of his/her current residence, contact number, etc. 5. Confirmation of address for service. When submitting the application, the applicant shall fill in the Confirmation of Address for Service, indicating the detailed address, postal code, contact number and other contents of his/her acceptance of the arbitration document. The detailed process of labor law arbitration is as follows: 1. When the parties apply to the Arbitration Commission for arbitration, they shall submit a written appeal and a copy according to the number of defendants. The petition shall identify the following items: 1. The name, occupation, address and work unit of the employee party, the name and address of the enterprise, and the name and position of the legal representative. 2. The arbitration claim and the facts and reasons on which it is based. 3. Evidence, name and address of witness. 2、 The arbitration commission shall decide whether to accept or reject the appeal within 7 days from the date of receiving the appeal. If it decides to accept the case, it shall, within 7 days from the date of making the decision, serve a copy of the petition on the defendant and form an arbitration tribunal; If it decides not to accept the case, it shall state the reasons. The defendant shall submit his defense and relevant evidence within 15 days from the date of receiving the copy of the petition, and the Arbitration Commission shall have the right to require the parties to provide or supplement evidence. 3、 The arbitration tribunal shall serve a written notice of the time and place of the hearing on the parties 4 days before the hearing. If a party fails to appear in court without justified reasons after receiving a deputy written notice or withdraws from the court halfway without the consent of the arbitration tribunal, the complainant shall be deemed to have withdrawn his case, and the defendant may be awarded wages in absentia. 4、 The arbitration tribunal shall conduct mediation in handling labor disputes, and promote the parties to reach an agreement voluntarily on the basis of finding out the facts. If an agreement is reached through mediation, a mediation statement shall be prepared, and the mediation statement shall have legal effect from the date of service. If no agreement is reached through mediation, the arbitration tribunal shall make a timely award. 5、 After the arbitration tribunal makes an award, it shall prepare an award and serve it on both parties. If the parties are satisfied with the arbitration award, they may bring a suit in a people's court within 15 days from the date of receiving the award. If they do not bring a suit within the time limit, the award shall become legally effective. 6、 The parties shall perform the legally effective conciliation statement and award within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for compulsory execution. Scope of accepting cases of labor arbitration: according to the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, the following labor disputes between employers and workers within the territory of the People's Republic of China: (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 5) labor remuneration, medical expenses for work-related injuries, economic compensation or compensation; (6) Other labor disputes stipulated by laws and regulations. Disputes between state organs and their civil servants, and between public institutions and social organizations and their formal employees are personnel disputes, not labor disputes, and therefore not within the scope of labor arbitration proceedings. A dispute between a state organ, public institution, social organization and its workers or other personnel who have established labor relations that meets the above conditions is a labor dispute. A dispute between an enterprise operating and managing institution and its employees that meets the above conditions is also a labor dispute. Do you understand this explanation?

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