1. Where can I consult labor arbitration for free?
Free consultation on labor arbitration can be made by calling the local labor security hotline 12333 or the local hotline 1 14. When a labor dispute occurs, the laborer has the right to apply for arbitration or complain to the relevant department. Which method or both methods can achieve better results depends on the specific content of the dispute. Labor inspection belongs to administrative law enforcement. In the process of labor inspection, once the labor inspection organ makes a decision, it will take legal effect, and the relevant units and individuals shall immediately implement it. If a party refuses to accept the decision, it may bring an administrative reconsideration or administrative lawsuit, and the execution of the decision will not be affected during the application for reconsideration or administrative lawsuit.
2. What materials do I need to apply for labor arbitration?
The materials needed for labor arbitration can be divided into three categories: different people need different materials to apply for labor arbitration:
I. If the applicant is an employee, please submit the following materials:
(1) application for labor arbitration (detailing the factual reasons for the application, in duplicate or according to the number of respondents;
(2) the applicant's identity certificate and a copy;
(3) If there is an entrusted agent, a power of attorney shall be signed and submitted in person, indicating the entrusted matters, and a copy of the ID card of the entrusted agent shall be submitted. If the principal's agent is a practicing lawyer sent by a law firm, a copy of the lawyer's practice certificate shall be provided; If the agent of the principal is a citizen, it shall provide the free agency agreement signed with the principal and the legal information on the relationship between the agent and the principal;
(4) industrial and commercial registration information of the respondent;
(5) Proof of the existence of labor relations between the applicant and the respondent (proof materials include: labor contract, temporary residence permit, work permit, factory label, work card, payroll (single), employment registration form, deposit receipt, punishment certificate, notice or proof of dismissal, dismissal, dissolution (or termination) of labor relations, etc. ). When the applicant submits the certification materials, one original and one copy shall be attached, and the original shall be returned after examination;
(6) List of evidence materials submitted in duplicate;
The second category. If the applicant is involved in a collective dispute, please submit the following materials: In addition to the first-class (1) to (6) materials, the applicant recommends three or five employee representatives, and submits the list of employee representatives and the signature form of all employees. Among them, if it is a collective dispute case of unpaid wages, the applicant shall also submit the list of employees who are owed wages by the employer and the balance table of unpaid wages.
The third category. If the applicant is an employer, please submit the following materials:
(1) Copy of the applicant's identity certificate;
(2) Proof of the existence of labor relations between the applicant and the respondent (the same as Item (6) of the first category);
(3) A copy of the business license;
(4) the identity certificate of the legal representative;
(5) If there is an entrusted agent, submit a copy of the ID card of the entrusted agent in the power of attorney (indicating the entrusted matters);
(6) List of documents submitted (in duplicate).
Contradictions and disputes between workers and employers can be understood through consultation in accordance with the above provisions. Under normal circumstances, it can be legally determined through negotiation between both parties. However, if serious disputes are involved and no agreement can be reached, you can apply for labor arbitration and deal with it legally according to the law.