1. Laborers shall apply to the local labor arbitration committee for labor arbitration within one year from the date when their rights and interests are damaged;
2. The Arbitration Commission shall hear and reply to the applicant's arbitration application within five days;
The arbitration tribunal composed of three arbitrators shall make an arbitration award on the basis of finding out the facts.
After accepting the application for arbitration, the labor dispute arbitration commission shall deliver a copy of the application for arbitration to the respondent within five days. After receiving a copy of the arbitration application, the respondent shall submit a written reply to the labor dispute arbitration committee within ten days. After receiving the defense, the labor dispute arbitration commission shall deliver a copy of the defense to the applicant within five days. The failure of the respondent to submit the written defense shall not affect the arbitration proceedings.
The arbitration tribunal shall notify both parties in writing of the date and place of the hearing five days before the hearing. If the parties have justified reasons, they may request an extension of the hearing three days before the hearing. The extension or not shall be decided by the labor dispute arbitration commission.
The parties have the right to conduct cross-examination and debate in the arbitration process. After the cross-examination and debate, the presiding arbitrator or the sole arbitrator shall consult the final opinions of the parties.
If a party refuses to accept the arbitration award of other labor dispute cases other than those stipulated by law, it may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award; If no prosecution is brought at the expiration of the time limit, the ruling will take legal effect.
legal ground
People's Republic of China (PRC) labor dispute mediation and arbitration law
Article 28 When applying for arbitration, the applicant shall submit an application for arbitration, and submit copies according to the number of respondents.
The application for arbitration shall contain the following items:
(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. Twenty-ninth labor dispute arbitration committee within five days from the date of receiving the application for arbitration, that meets the acceptance conditions, it shall accept and notify the applicant; If it does not meet the acceptance conditions, it shall notify the applicant in writing that it will not be accepted and explain the reasons. If the labor dispute arbitration commission refuses to accept or fails to make a decision within the time limit, the applicant may bring a lawsuit to the people's court on the labor dispute.