Labor arbitration refers to the arbitration and adjudication of labor disputes applied for arbitration by the labor dispute arbitration committee. In China, labor arbitration is a necessary procedure for the parties to a labor dispute to bring a lawsuit to the people's court. According to the Labor Dispute Mediation and Arbitration Law, the parties who initiate labor arbitration shall submit a written application to the Labor Dispute Arbitration Committee within one year from the date when they know or should know that their rights have been infringed. Unless the parties are due to force majeure or other legitimate reasons, the Arbitration Commission will not accept the application for arbitration beyond the time limit prescribed by law. 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 a mediation organization for mediation; Unwilling to mediate, failing to mediate or failing to perform after reaching a mediation agreement, it may apply to the Labor Dispute Arbitration Committee for arbitration; Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court unless otherwise stipulated in this Law. When applying for labor dispute arbitration, the parties concerned shall apply to the corresponding arbitration commission for arbitration in accordance with the provisions of hierarchical jurisdiction and regional jurisdiction. Hierarchical jurisdiction refers to the division of labor between different levels of labor dispute arbitration committees in accepting cases. At present, labor dispute arbitration committees are generally located in counties, cities and municipalities directly under the central government. Some provinces and autonomous regions have also set up labor dispute arbitration committees accordingly. At this stage, unless otherwise stipulated by laws, regulations and rules, most labor dispute cases are accepted by local county-level labor dispute arbitration committees. Regional jurisdiction refers to the division of labor dispute arbitration committees at the same level to accept cases in different regions. If the employer and the employee in dispute are not in the jurisdiction of the same arbitration commission, the dispute shall be accepted by the arbitration commission where the employee's salary relationship is located (that is, where the employer pays the employee's salary).
Legal objectivity:
Article 28 of the Labor Dispute Mediation and Arbitration Law of People's Republic of China (PRC) * * * The applicant shall submit an application for arbitration and submit copies according to the number of respondents. (a) the name, sex, age, occupation, work unit and domicile of the laborer, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person; (2) The arbitration claim and the facts and reasons on which it is based; (3) Evidence and its sources, names and residences of witnesses. If it is really difficult to write an arbitration application, you can apply orally, which will be recorded by the labor dispute arbitration Committee and informed to the other party. People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law Article 21 The labor dispute arbitration committee shall be responsible for the jurisdiction of labor disputes within its jurisdiction. Labor disputes shall be under the jurisdiction of the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located. Where both parties apply for arbitration to the labor dispute arbitration committee in the place where the labor contract is performed and the place where the employer is located, it shall be under the jurisdiction of the labor dispute arbitration committee in the place where the labor contract is performed.