(1) Both parties shall solve the problem through negotiation by themselves or by entrusting trade unions and lawyers.
(2) If they are unwilling to negotiate or fail to negotiate, they may apply to the enterprise committee or the regional or industrial labor dispute mediation committee for mediation; If there is a labor dispute between the migrant labor force and the employing unit, it shall apply to the district or county labor dispute mediation committee where the migrant labor force is located for mediation.
(3) Those who are unwilling to mediate or fail to do so may apply to the competent labor dispute arbitration committee for arbitration. In the arbitration stage, the party who initiated the arbitration may apply to withdraw the lawsuit or reach a settlement with the other party.
(4) Anyone who refuses to accept the arbitration award of the Labor Dispute Arbitration Commission may bring a lawsuit to the people's court within 15 days from the date of receiving the award. If no prosecution is filed within the time limit, the ruling will take legal effect.
(5) If one party fails to perform the conciliation statement or award that has come into effect by the labor dispute arbitration commission, it may apply to the people's court for enforcement.
(6) If the employee takes the salary of the employer as evidence and does not involve other labor relations disputes, he may directly bring a lawsuit to the people's court.
Legal basis: People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law.
Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to a mediation organization for mediation; Unwilling to mediate, failing to mediate or failing to perform after reaching a mediation agreement, you may apply to the Labor Dispute Arbitration Committee for arbitration; Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court unless otherwise stipulated in this Law.
Article 6 In the event of a labor dispute, 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; If the employer fails to provide it, it shall bear the adverse consequences.
Article 7 If there are more than 10 workers who have labor disputes and have the same request, they may nominate representatives to participate in mediation, arbitration or litigation.