Companies may be really afraid of labor arbitration. This is because the labor arbitration institution has the right to arbitrate acts that violate the provisions of the labor law, and requires the company to bear corresponding legal responsibilities. If the labor arbitration institution decides that the company has violated the law, the company may need to pay fines, compensation and other expenses, which will have a negative impact on the company's financial situation and reputation. In addition, the ruling of the labor arbitration institution may also have an impact on the company's operation and management, such as requiring the company to change some management systems or policies.
First, the definition and role of labor arbitration
Labor arbitration refers to a way for workers and employers to apply to labor arbitration institutions for arbitration after disputes over labor remuneration, working hours, rest and vacation, social insurance, welfare, training and labor protection fail to be settled through consultation. The labor arbitration institution is a legally established institution to arbitrate labor disputes between laborers and employers. Its function is to protect the legitimate rights and interests of workers, maintain the harmony and stability of labor relations, and promote economic development and social progress.
Second, the company's measures to deal with labor arbitration
In order to avoid the occurrence of labor arbitration, the company should strengthen internal management, standardize employment behavior, and ensure that employees' rights and interests are fully protected. For example, the company should sign labor contracts with employees to clarify the rights and obligations of both parties; Pay employees' wages and benefits in full and on time; Abide by the working hours and rest and vacation system stipulated in the Labor Law; Provide necessary labor protection and training for employees.
If the company is faced with labor arbitration, it should actively cooperate with the investigation and handling of the arbitration institution, respect the award of the arbitration institution, and fulfill the corresponding legal responsibilities in time. At the same time, the company should also strengthen legal awareness and risk prevention awareness to avoid the recurrence of similar disputes.
To sum up:
The labor arbitration institution has the right to arbitrate acts that violate the provisions of the labor law, and requires the company to bear corresponding legal responsibilities. Therefore, the company should strengthen internal management, standardize employment behavior, and ensure that employees' rights and interests are fully protected to avoid labor arbitration.
Legal basis:
Article 79 of the Labor Law of People's Republic of China (PRC) stipulates that after a labor dispute occurs, the parties may apply to the Labor Dispute Mediation Committee of the unit for mediation; If mediation fails and one party requests arbitration, it may apply to the Labor Dispute Arbitration Committee for arbitration. One party may also directly apply to the Labor Dispute Arbitration Commission for arbitration. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.