1, labor disputes, the key is to have evidence to prove labor relations, such as work permit or work permit (preferably stamped with official seal), salary card transaction records, salary slips, tooling with company name, tax payment certificate printed and sealed by local taxation bureau, temporary residence permit, attendance record, social insurance payment record, work order, colleague testimony (resignation), audio and video recording or other documents with your name. Of course, you can apply for labor arbitration without evidence, but there is a risk of losing; The limitation of labor arbitration is one year from the date of resignation!
2. When applying for labor arbitration, you need to bring an arbitration application, a copy of your ID card, relevant evidence, information of the employer in industrial and commercial registration or a copy of your business license (registration information is not required in Beijing)! After the case is filed, the court will hold a hearing and then mediate. If mediation fails, the Arbitration Commission shall issue an award;
3. If you consult a professional, you can handle the labor case yourself or win the case, and the labor arbitration commission will not charge you. During the application for labor arbitration, workers will not be delayed to work in the new unit!
Labor Contract Law
Article 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:
(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;
(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;
(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;
(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;
(seven) other circumstances stipulated by laws and administrative regulations.
Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city with districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years.
The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
Article 82 If an employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary.
Where an employing unit violates the provisions of this Law and fails to conclude an open-ended labor contract with the laborer, it shall pay the laborer twice the salary every month from the date when the open-ended labor contract should be concluded.