Legal analysis
According to the relevant laws and regulations, labor arbitration is a necessary procedure for the parties to a labor dispute to bring a lawsuit to the people's court. The parties applying for arbitration must collect, fill in and submit the application to the labor arbitration department within 60 days from the date of the labor dispute. The complaint shall be filled out in duplicate with a pen, and the time, facts and reasons for the dispute shall be stated. And indicate the date of filling, my mailing address, neat handwriting, concise text. The application for labor dispute mediation can be made in written form or orally. If the application is made orally, the mediation organization shall record the basic information of the applicant, the disputed matters, the reasons and time for applying for mediation on the spot. 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. When there is a dispute between employees and employers on work issues, they can turn to the Labor Arbitration Bureau, the Labor Inspection Brigade and the court where the enterprise is located. Before asking the court for help, the court will accept it. The solution includes consulting with the employer, applying to the labor dispute mediation committee for mediation, and submitting the dispute to the labor arbitration committee for handling. If you are not satisfied with the arbitration result, you can bring a lawsuit to the court within 5 days after receiving the arbitration award/kloc-0.
legal ground
People's Republic of China (PRC) Law on Mediation and Arbitration of Labor Disputes Article 2 This Law is applicable to the following labor disputes between employers and employees in People's Republic of China (PRC): (1) Disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts; (3) Disputes arising from delisting, dismissal, resignation or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection; (five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation; (six) other labor disputes as prescribed by laws and regulations.