Legal analysis
After obtaining the employer's information through various means, you can submit an application for labor arbitration and relevant evidence. 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. 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. Have the responsibility to provide evidence. 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. 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.
legal ground
Article 121 of the Civil Procedure Law of People's Republic of China (PRC): (1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person; (2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization; (3) the request and the facts and reasons on which it is based; (4) Evidence and its sources, names and residences of witnesses.
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.