How to consult labor 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.

1. Go to the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau (former Labor Bureau) to apply for labor arbitration. When filing a case, you must bring: two arbitration applications and a copy of the applicant's ID card 1 copy; Copies of relevant evidence and 2 copies of evidence list; Industrial and commercial registration information of the employer (registration information is not required in Beijing).

2. After submitting the materials, the Arbitration Commission shall file a case within 5 working days, and then give both parties a period of proof and a period of defense; Then the court will open, and then mediate between you two. If mediation fails, the Arbitration Commission shall issue an award. Labor arbitration shall be closed within 60 days; If the employee refuses to accept the ruling, he can bring a lawsuit to the court;

3. During the application for labor arbitration, the laborer shall not delay to work in the new unit.

Legal basis:

"People's Republic of China (PRC) labor dispute mediation and arbitration law" provisions of article twenty-seventh:

The limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed.

The limitation of arbitration prescribed in the preceding paragraph shall be interrupted because one party claims the rights of the other party, or requests the relevant departments to provide rights relief, or the other party agrees to perform its obligations. The limitation of arbitration shall be recalculated from the time of interruption.

If the parties fail to apply for arbitration within the time limit stipulated in the first paragraph of this article due to force majeure or other legitimate reasons, the arbitration period shall be suspended. The limitation period of arbitration shall continue to be counted from the date when the reasons for suspension of limitation are eliminated.

If there is a dispute over the arrears of labor remuneration during the existence of labor relations, the employee's application for arbitration is not limited by the limitation period of arbitration stipulated in the first paragraph of this article; However, if the labor relationship is terminated, it shall be proposed within one year from the date of termination of the labor relationship.