First, the legal basis?
Labor Law, Labor Contract Law and Labor Dispute Mediation and Arbitration Law. ?
Second, the scope of acceptance?
Labor disputes between enterprises, individual economic organizations, private non-enterprise units and recruited workers within the jurisdiction of this Municipality; Labor disputes between state organs, institutions, social organizations and laborers who establish labor relations. ?
Three. Accepted matters?
(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. ?
Four. Materials to be submitted?
(1) Submit an application for labor dispute arbitration to the labor dispute arbitration committee in duplicate, including:
1. Name, gender, date of birth, nationality, address and telephone number of the employee. 2. The name, address, name and position of the legal representative of the employer. 3. The arbitration claim and the facts and reasons on which it is based. 4. Evidence and sources, names and residences of witnesses. 5. Name of the delivery unit. ?
(2) When submitting an application for labor dispute arbitration, submit the following materials to the Labor Arbitration Commission: 1 and a copy of the ID card; 2. Relevant certificates of labor relations; Other supporting materials. 3. If the applicant is an employer, a copy of the business license of the enterprise as a legal person shall be submitted; Identification certificate of the legal representative; 4. If there is an entrusted agent, submit a power of attorney. If the entrusted agent is a lawyer, an official letter from the law firm shall be submitted; If the agent is a citizen, submit a copy of the agent's ID card. ?
Verb (abbreviation for verb) acceptance and arbitration procedures?
(1) Submit an application for labor arbitration and relevant evidence; ?
(2) If the application meets the requirements, the Arbitration Commission shall make a decision on acceptance or rejection within 5 days from the date of receiving the application. If the arbitration commission decides to accept the case, it shall serve a copy of the application to the respondent within 5 days from the date of the decision and form an arbitration tribunal; If the applicant refuses to accept the decision, explain the reasons, and the applicant may bring a lawsuit to the people's court on the labor dispute. ?
(3) After receiving a copy of the arbitration application, the respondent shall submit a written reply to the labor dispute arbitration committee within ten days. The failure of the respondent to submit the written defense shall not affect the arbitration proceedings. The parties have the responsibility to provide evidence for their claims. If the evidence related to the disputed matter belongs to the management of the employer, the employer shall provide it within the specified time limit. If the employer fails to provide it, it shall bear the adverse consequences. ?
(4) Labor dispute arbitration shall be conducted in public, unless the parties agree not to conduct it in public or involve state secrets, business secrets and personal privacy. 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. ?
(5) If a party refuses to appear in court without justifiable reasons after receiving the notice, or withdraws from court without the consent of the arbitration tribunal, it shall be deemed that the applicant has applied for withdrawal, and the respondent may make an award by default. ?
(6) When handling a labor dispute, the arbitration tribunal shall conduct mediation first, and on the basis of finding out the facts, urge both parties to reach an agreement voluntarily, and make a conciliation statement on the contents of the agreement, which will become legally effective after being signed by both parties. Before the conciliation statement is served, if the conciliation fails or one party reneges, the arbitration tribunal shall make an award in time. ?
(seven) the arbitration tribunal shall, within 45 days from the date of accepting the application for arbitration by the labor dispute arbitration commission, make a ruling on the labor dispute case. If the case is complicated and needs to be postponed, it may be postponed upon approval, but the extension period shall not exceed fifteen days. If the arbitration award is not made within the time limit, the parties may bring a lawsuit to the people's court on the labor dispute. ?
(8) If the applicant withdraws the application for arbitration before the arbitral tribunal makes an award, and the arbitral tribunal considers that the withdrawal of the application is established after examination, it will issue a decision to both parties to approve the withdrawal of the application; However, if the respondent files a counterclaim, it will not affect the trial of the counterclaim. ?
VI. Rights and obligations of the applicant. ?
1. The parties shall enjoy the following rights in arbitration activities:
(1) has the right to apply, reply, modify or withdraw the arbitration application; ?
(2) Have the right to entrust an agent to participate in arbitration activities; ?
(3) Have the right to apply for withdrawal of relevant personnel; ?
(4) Have the right to call witnesses, expert witnesses and inspectors; ?
(5) Have the right to bring a lawsuit to the people's court against the ruling that has not yet taken legal effect; ?
(6) If the other party fails to perform the legally effective conciliation statement or award, it has the right to request the people's court for execution. ?
2. The parties shall perform the following obligations in arbitration activities:
(1) Have the obligation to abide by the labor arbitration procedure and arbitration discipline:?
(2) Obligation to provide witnesses and evidence; ?
(three) have the obligation to truthfully state the case and answer the arbitrator's inquiry; ?
(4) Have the obligation to perform the effective arbitration award and conciliation statement. ?
7. Arbitration discipline. ?
The parties, their entrusted agents, relevant personnel and observers shall abide by the following disciplines of the arbitration tribunal:
(1) No recording, video recording or photography is allowed without permission; ?
(2) Do not walk around, clap your hands, make noise, make noise or engage in other acts that hinder arbitration activities; ?
(3) Not to speak or ask questions without the permission of the arbitration tribunal; ?
(4) Turn off communication tools such as pagers and mobile phones; ?
(5) Smoking is prohibited. ?
Those who violate the discipline of the arbitration tribunal shall be stopped by the arbitrator's suggestion. Those who do not listen to advice shall be reprimanded according to the seriousness of the case and ordered to withdraw from the arbitration tribunal. If a party or agent violates the discipline of the arbitration tribunal and the circumstances are serious, he shall be recused according to the application; The respondent ordered him to withdraw from the arbitration tribunal and arbitrate by default. If the case constitutes a crime, it is suggested that the judicial organ shall investigate its legal responsibility. ?
Viii. the effectiveness of arbitration and mediation?
1, award?
Ordinary award: if a party refuses to accept the arbitration award of a labor dispute case, 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. ?
Final award: disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or the amount of compensation not exceeding the local monthly minimum wage 12 months; And the adjudication of labor dispute cases arising from the implementation of national labor standards in working hours, rest and vacation, social insurance, etc. In the case that the laborer fails to bring a lawsuit to the court within the statutory time limit and the employer's application to the court to cancel the arbitral award is rejected, the arbitral award is final and takes legal effect as of the date it is made. If the arbitral award is revoked by the people's court, the parties may bring a lawsuit to the people's court within 15 days from the date of receiving the award. ?
2. mediation?
If an agreement is reached through mediation, the arbitration tribunal shall prepare a conciliation statement, which shall become legally effective after being signed by both parties. ?
3. implementation?
The parties shall perform the legally effective mediation or award within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for execution in accordance with the relevant provisions of the Civil Procedure Law. ?
9. Labor dispute handling institution?
The Labor Arbitration Institute is a specialized institution dealing with labor disputes. ?
X. Labor cases can be handled by yourself, by entrusting relatives and friends, or by entrusting lawyers! General cases, after consulting professionals, can be handled by themselves, without hiring a lawyer!