Sometimes, labor contracts can be controversial. If the two parties fail to reach an agreement through consultation at this time, it can be resolved through legal proceedings, and the court can make a judgment according to the facts stated by both parties. Understand the following labor dispute complaint model and related materials.
Model essay on labor dispute appeal 1 1. Model essay on labor dispute appeal
Complainant: (If the complainant is an individual, please fill in here: name, gender, date of birth, nationality, work unit, legal address, contact address and telephone number; If it is a company, please fill in: company name, company nature, legal representative, domicile and telephone number)
Interviewee: (ditto)
Requirements: (Fill in the complainant's requirements in the disputed matters here, and the requirements should be clear and specific, such as asking the respondent to pay the complainant's salary of 3,000 yuan in September 2007; Require the respondent to pay the applicant an economic compensation of 3000 yuan. )
Facts and reasons: (fill in the facts and contents of the dispute and the reasons for supporting the appeal)
I am here to convey
District People's Court (generally according to the location of the unit to determine which district, specifically contact the court)
Complainant: (here, personal signature, seal and unit seal)
date month year
Second, the labor dispute prosecution procedure
It is a general principle to go to court for disputes, but it is impossible to go directly to court for some disputes, that is to say, to go directly to court, such as labor disputes. In China, there used to be a department specialized in handling labor disputes, that is to say, if there is a labor dispute, it must first go to the Labor Arbitration Committee for arbitration. Labor arbitration is the necessary procedure for the parties to a labor dispute to bring a lawsuit to the people's court. Labor dispute arbitration procedures are as follows:
1. The applicant submits a written arbitration application to the Labor Dispute Arbitration Committee;
2. The labor dispute arbitration committee shall decide whether to accept or not within five days from the date of receiving the arbitration application;
3. 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;
4. The arbitration tribunal shall notify both parties in writing of the date and place of the hearing five days before the hearing;
5. Hold a trial. Composition of the arbitration tribunal: The arbitration tribunal is composed of three arbitrators with a presiding arbitrator. Simple labor dispute cases can be arbitrated by an arbitrator alone.
6. Arbitral award. The arbitration tribunal shall decide the labor dispute case within 45 days from the date when the labor dispute arbitration commission accepts the arbitration application. If the case is complicated, it may be postponed for 15 days.
3. How long after the judgment of the labor dispute court?
It can be pronounced in court at the earliest. Civil Procedure Law Article 148 The people's court shall publicly pronounce judgments on cases that are tried in public or not. If a verdict is pronounced in court, it shall be served within ten days; If the sentence is pronounced regularly, a written judgment will be issued immediately after the sentence is pronounced. In judicial practice, most cases are pronounced regularly. Therefore, labor disputes should be concluded within three to six months from the date of filing:
1. If the case is simple, the facts are clear, and there is little controversy, the people's court shall generally apply summary procedures and shall conclude the case within three months from the date of filing the case. The trial time is generally about one month after the case is filed, which means that the judgment will be issued within two months after the trial.
2. If the case is complicated and controversial, the people's court shall apply ordinary procedures to conclude the case within six months from the date of filing the case. Under special circumstances, it can be extended for 6 months, but it must be approved by the dean. The date of hearing is generally 2-3 months after the case is filed, that is to say, the results should be produced within 3-4 months after the hearing. No matter what procedure the court takes, no matter whether it makes a judgment in court or on a date, it can't exceed the legal trial period in any case.
Model essay on labor dispute complaint 2 Plaintiff:-sex-,date of birth, nationality, ID number, address: Tel:
Defendant:-Limited company, domicile:-Legal representative:-Gender-,position:-; Tel:-
Both the plaintiff and the defendant refused to accept the first ruling. -In the case of Lao Zhong (-), and bring a civil lawsuit to your hospital.
I. Required items:
According to the law, the defendant was ordered to pay the plaintiff:
1. The sales expenses paid by the plaintiff on the year, month and day totaled RMB;
2. The salary arrears on the date of month, year and month totaled RMB;
3. The unpaid overtime wages on the date of month, year and month totaled RMB;
4. Economic compensation of 25% of the total wages in arrears, totaling RMB;
5. Economic compensation for unilaterally dissolving the labor contract, totaling RMB;
6. The extra economic compensation for failing to pay the economic compensation on time is RMB-yuan;
7. The payment in lieu of notice for terminating the labor relationship without giving a written notice 30 days in advance is RMB;
8. From _ _ _ _ _ _ to _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
9. The arbitration fees and legal fees in this case shall be borne by the defendant.
Second, the facts and reasons:
1, the original arbitral award found that it was wrong for the plaintiff to infringe the defendant's business secrets.
The original arbitration award stated: "However, the plaintiff, as a business person of the defendant, set up a limited liability company with others during the working period with the defendant, and ran the same business as the defendant's company, which violated the defendant's business secrets", which was wrong.
According to Article 10 of the Anti-Unfair Competition Law on trade secrets, in order to constitute trade secrets, an enterprise's business information or technical information must meet four conditions, that is, it is not known to the public, can bring material benefits to the obligee and is practical, and requires the obligee to take confidentiality measures.
At the same time, according to the Labor Law of People's Republic of China (PRC) (hereinafter referred to as the Labor Law) and relevant laws and regulations, as well as the provisions of Article 61 of the Company Law on non-competition, unless otherwise agreed, only the directors and managers of the company have the obligation of non-competition.
For ordinary employees, only when the employer and the employee have agreed on the obligation of non-competition, and the employer alone pays the employee the compensation for non-competition, the employee will bear the obligation of non-competition. Therefore, the plaintiff has no obligation to compete.
In addition, there is no evidence to prove that the defendant company has business secrets that comply with the law, and there is no evidence to prove that the plaintiff has violated the nonexistent "business secrets" of the defendant company. Therefore, in the absence of any evidence, the original arbitral award held that the plaintiff infringed the defendant's business secrets just because the plaintiff registered and established a company with a business scope similar to that of the plaintiff.
2. It is wrong for the arbitral award to find that the plaintiff has seriously violated labor discipline.
The original arbitration award stated that "the plaintiff used the working conditions provided by the defendant, such as computers and office emails, to serve the above-mentioned company, and tried to negotiate business with the defendant's customers in the name of the above-mentioned company, which seriously violated labor discipline", which was a serious factual error.
According to Article 67 of the Civil Procedure Law and Article 40 of the Constitution, the evidence collected by the defendant to prove that the plaintiff tried to negotiate business with the defendant's customers in the name of other companies was illegal.
In addition, there is no evidence that the so-called labor discipline and rules and regulations formulated by the defendant have gone through democratic procedures and been publicized. According to Article 4 of the Labor Law and Article 19 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases, it cannot be used as evidence.
In the original arbitration award, there is no factual evidence to prove that the defendant abides by the labor discipline stipulated by law, and there is no evidence to prove that the plaintiff violated the "labor discipline". It is a serious mistake to determine that the plaintiff has seriously violated the labor discipline only based on the evidence from illegal sources.
In addition, the defendant not only owed the plaintiff wages for several months, but also refused to return the business advance expenses paid by the plaintiff. As an ordinary businessman, the plaintiff not only has to support his elderly and sick father, but also has to pay as much as-yuan a month for housing. We can fully imagine the plaintiff's life predicament at that time.
In this case, even if the plaintiff really has the so-called "-"behavior accused by the defendant, it is completely caused by the defendant's illegal behavior and is a necessity for survival. How can it be said to be "serious"? Based on this, the plaintiff's behavior will not constitute a "serious violation of labor discipline" in Article 25 of the Labor Law.
Model essay on labor dispute appeal 3 Model essay on civil labor dispute appeal
Plaintiff: Zhu X, male, Han nationality,1born on March 27th, 976.
Address: Group 5, Datiankan Village, Dahemiao Township, Xingwen County, Sichuan Province
Defendant: Guangzhou xxx Industrial Development Co., Ltd.
Address: xx Industrial Zone, xx Town, Panyu District, Guangzhou
Legal representative: xxx
Cause of action: labor dispute
Litigation request:
1. It is requested to order the defendant to pay the plaintiff a one-time food allowance of 33 18 yuan, in which the salary during the treatment period and before the termination of the labor contract is 2 1780 yuan, the nursing expenses during the hospitalization period are 7900 yuan, and the one-time disability allowance is 10890 yuan.
2. Request the defendant to pay the plaintiff a one-time disability employment subsidy and a one-time work-related injury medical subsidy according to law to terminate the labor relationship ***2069 1 yuan.
Three. It is requested to order the defendant to pay the plaintiff a lump sum for continuing to treat work-related injuries and lost time after the termination of labor relations, totaling 10000 yuan.
4. Ask the defendant to pay the plaintiff's labor appraisal fee of 735 yuan.
The above four aspects * * * total 753 14 yuan, of which the defendant has paid 29,049 yuan and should pay 46,265 yuan.
Verb (abbreviation of verb) asks the defendant to bear all the arbitration fees and legal fees in this case.
Facts and reasons:
The plaintiff Zhu X joined the defendant Guangzhou xxx Industrial Development Co., Ltd. on June 5438+00, 2005 (the company was formerly Guangzhou xx Wood Industry Co., Ltd., and went through the enterprise change registration on August 13, 2007), and there was a clear labor contract relationship between the two parties. On the morning of June, 5438+February, 2005 1 1, the plaintiff Zhu Song was crushed by a forklift pushed backwards by the company at work, and was immediately sent to He Lan Town People's Hospital and Hexian County Hospital for treatment.
On July 24th, 2006, Panyu District Labor Bureau confirmed the plaintiff as a work-related injury in the decision (2006)No. 1 183.
On April 3, 2006, the plaintiff was discharged from the hospital after the first treatment (* * * hospitalization 1 14 days), and rested according to the doctor's advice and the company's arrangement, waiting for the second surgical treatment.
From June 2007 12 to July 25, 2007, the plaintiff Zhu Song went to Hexian Hospital for the second operation and was hospitalized for 44 days. The length of two hospitalizations was 158 days.
Zhu Song, the plaintiff, was appraised twice by Panyu Labor Ability Appraisal Committee and Guangzhou Labor Ability Appraisal Committee, and was finally identified as disabled. The medical treatment period is * * * 1 1 month and 4 days.
Zhu Song, the plaintiff, was discharged from the hospital after the second operation. After the defendant made reasonable compensation for the plaintiff's work injury, he agreed to terminate the labor relationship between the two parties.
However, because the plaintiff Zhu Song needs to take out the steel plate and fix it one year later according to the doctor's advice, the required medical expenses are more than 5,000 yuan, plus 5,000 yuan for lost time, hospital food allowance and nursing expenses, so the defendant should also pay the plaintiff the expenses of continuing treatment of work-related injuries in one lump sum, not less than 10000 yuan.
Based on the above facts and relevant laws and regulations, the plaintiff believes that the compensation items and amounts that he should receive in this case are as follows:
1. The food allowance during hospitalization for work-related injuries is 33 18 yuan (30 yuan/day ×70%× 158 days).
2. During the treatment period and before the termination of the labor contract, the salary is 2 1, 780 yuan (the salary standard is 1, 089 yuan/month, from the first hospitalization in June 65438+February 2005 1 to August 2007 1). That is: 1089 yuan/month × 10/month =2 1780 yuan).
3. Nursing expenses during hospitalization are 7900 yuan (50 yuan/day × 158 days).
4. One-time disability allowance 10890 yuan (1089 yuan/month × 10 month)
5. One-time disability employment subsidy and one-time work-related injury medical subsidy * * are 2069 1 yuan (1089 yuan/month × 19 months).
6. The cost of continuing treatment for work-related injuries 1 10,000 yuan (medical expenses 5,000 yuan+nursing expenses 5,000 yuan).
7. The labor appraisal fee is 735 yuan (paid by the plaintiff with bills and vouchers).
Because the plaintiff and the defendant negotiated many times on the issue of compensation for work-related injuries, they still could not reach an agreement. In August 2007, the plaintiff Zhu Song applied to the Panyu Labor Arbitration Commission of Guangzhou for labor dispute arbitration. On June 2007, the Panyu Labor Arbitration Commission of Guangzhou made an arbitration award of Lao Zhong Zi [2007] No.2070, which stated that the plaintiff:
1, pay the salary before the termination of the labor contract;
2. Pay the nursing expenses during hospitalization;
3. Pay the continuing treatment fee for work-related injuries;
4. The defendant's request to bear all arbitration fees is not supported.
The plaintiff refused to accept the arbitration award, arguing that the award did not support some of the plaintiff's requests and did not comply with the law.
The reason is:
1. Before the plaintiff filed the arbitration application, both parties failed to dissolve the labor contract through consultation, and the labor contract relationship still existed. If the plaintiff fails to arrange work during the treatment and rest period, the plaintiff should also enjoy the salary; 2. During two hospitalizations, the plaintiff Zhu Song was unable to take care of herself due to surgery, so the defendant unit should be responsible for the salary of the nursing staff. And the defendant unit has recognized that it should pay the nursing fee for relatives, and has actually paid the nursing fee of 4342 yuan;
3. One year later, the plaintiff had to undergo internal fixation. After the termination of the labor relationship with the defendant and one-time compensation, it is no longer convenient for the plaintiff to claim the relevant expenses from the defendant. Moreover, the plaintiff's claim to continue the treatment of work-related injuries in this case is based on the diagnosis. According to the law, this case can support the plaintiff's claim to pay for the continued treatment of work-related injuries.
4. The labor appraisal fee and arbitration fee in this case shall be borne by the defendant according to law.
Because the defendant neither arranged the plaintiff's work nor paid unreasonable work-related injury benefits, the plaintiff now lives in a foreign land and has no livelihood. In order to safeguard the legitimate rights and interests of workers, the plaintiff sued and requested the people's court to make an early judgment according to law.
I am here to convey
Xxx people's court
Metaphorical figure: Zhu X.
20xx65438+February 4th.