Labor arbitration is one of the effective ways to solve labor disputes. Where should the laborer apply for labor arbitration if he decides to settle the labor dispute with the employer through arbitration? After the jurisdiction of labor arbitration cases is determined, how should workers apply for labor arbitration? This is actually a procedural issue of labor arbitration. The specific content of the above questions will be introduced in detail for you below.
1. Where should I apply for labor arbitration?
According to Article 21 of the Labor Dispute Mediation and Arbitration Law: "The Labor Dispute Arbitration Committee is responsible for handling labor disputes in this region. Labor disputes shall be under the jurisdiction of the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located.
Where both parties apply for arbitration to the labor dispute arbitration commission in the place where the labor contract is performed or where the employer is located, it shall be under the jurisdiction of the labor dispute arbitration commission in the place where the labor contract is performed. "
When bringing a labor arbitration, the employee must specify the place where the labor contract is performed or the location of the employer. Only by applying to the competent labor arbitration commission according to law can we safeguard our legitimate rights and interests in a timely and effective manner.
Second, how should I apply for labor arbitration?
According to the relevant documents, the procedures for applying for labor arbitration are as follows:
First of all, the Labor Arbitration Committee will examine whether the complaint meets the admissibility conditions, and make a decision on whether to file a case or not within seven days. If it is not accepted, the Arbitration Commission shall issue a "Decision on Not Accepting", explaining the reasons for not accepting it. For those who decide to file a case, the Labor Arbitration Commission issues the Notice of Accepting the Case and the Notice of Opening the Court to the complainant, who needs to pay the arbitration fee in advance to the Labor Arbitration Commission within 5 days after accepting the case. The trial process of a case includes several procedures, such as investigation stage, debate stage, mediation stage and judgment stage. Labor dispute arbitration adopts the system of one arbitration and two trials, that is, if a party refuses to accept the arbitration award made by the Arbitration Commission, he may bring a lawsuit to the local grass-roots people's court within 15 days from the date of receiving the award, and if he refuses to accept the first-instance award made by the grass-roots people's court, he may appeal to the intermediate people's court of this Municipality within 15 days from the date of receiving the judgment.
The specific materials are prepared as follows:
After the occurrence of a labor dispute, the parties concerned shall, within 60 days from the date when they know or should know that their rights have been infringed, apply in writing to the Labor Dispute Arbitration Committee for arbitration. Unless the time limit for applying for arbitration mentioned above is exceeded due to force majeure or other legitimate reasons. When applying to the Arbitration Commission for arbitration, the parties shall submit a complaint and a copy according to the number of defendants. The complaint shall be written in pen or signature pen, and shall contain the following items:
1, employee's name, occupation, address and work unit; The name and address of the enterprise and the name and position of the legal representative;
2, the arbitration request and the facts and reasons;
3, evidence (witnesses, physical evidence, documentary evidence, audio-visual materials, identification materials, transcripts, etc. ) or the name and address of the witness.
The parties may entrust lawyers or others to participate in arbitration activities.
Submit a written application to the labor dispute arbitration commission where the employer is located, and three or more people (including three people) apply to the municipal labor dispute arbitration commission.
The arbitration award shall generally be made within 60 days after receiving the arbitration application. If there is no objection to the arbitration award, the parties must perform it.
If a party to a labor dispute refuses to accept the arbitration award, it may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award. If one party neither brings a lawsuit nor performs the arbitration award within the statutory time limit, the other party may apply to the people's court for compulsory execution.
After reading the above contents, I believe you have a certain understanding of "where to apply for labor arbitration" and "how to apply for labor arbitration". I hope these contents can really help you. After a labor dispute with the employer, you can choose to apply for labor arbitration to solve the labor dispute and safeguard your legitimate rights and interests according to law. In the process of labor arbitration, you need to provide relevant evidence to prove your facts and reasons. If the evidence is insufficient, the arbitration institution will not support your claim. In order to be in a favorable position in labor arbitration, it is suggested that you consult an expert lawyer in labor disputes before applying for labor arbitration to avoid unnecessary trouble.