Laborers may apply for labor arbitration to the labor dispute arbitration committee where the employer is located, and demand that the unilateral change of the employer be deemed invalid.
The application for arbitration shall contain the following items:
1. The name, sex, age, occupation, work unit, domicile, mailing address and telephone number of the laborer, the name, domicile, mailing address and telephone number of the employer, and the name and position of the legal representative or principal responsible person;
2, the arbitration request and the facts and reasons on which it is based;
3, evidence and evidence sources, witness's name and domicile. If it is really difficult to write an arbitration application, you can apply orally, which will be recorded by the arbitration commission and confirmed by the applicant's signature or seal.
Workers can defend their rights in the following four ways:
1, settled through negotiation. It is not a necessary procedure for workers and employers to directly negotiate on labor disputes. Both parties can negotiate or not, and they are completely voluntary.
2. Apply for mediation. The parties concerned apply to the Labor Dispute Mediation Committee for mediation on the labor dispute that has occurred. The mediation procedure is also voluntarily chosen by the parties, and the mediation agreement is not mandatory. If one party goes back on its word, it can also apply to an arbitration institution for arbitration.
3. arbitration. Procedures for the parties to submit disputes to the labor dispute arbitration commission for handling. If they want to bring a lawsuit to fight a labor lawsuit, they must go through arbitration procedures and cannot bring a lawsuit directly to the people's court.
4. Litigation settlement. Also known as litigation. The starting condition of the litigation procedure is the procedure started after the party who refuses to accept the ruling of the labor dispute arbitration commission brings a lawsuit to the people's court.
Legal basis: Article 38 of People's Republic of China (PRC) Labor Contract Law. Under any of the following circumstances, the employee may terminate the labor contract:
(1) Failing to provide labor protection or working conditions as agreed in the labor contract;
(2) Failing to pay labor remuneration in full and on time;
(3) Failing to pay social insurance premiums for laborers according to law;
(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.
If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.