1. Go to the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau (formerly the Labor Bureau) to apply for labor arbitration. When filing a case, you must bring: 2 copies of the arbitration application, 1 copy of the applicant’s ID card; 2 copies of relevant evidence and a list of evidence; the employer’s industrial and commercial registration information (registration information is not required in Beijing).
2. After submitting the materials, the arbitration committee should file the case within 5 working days, and then give both parties a period of evidence and a defense period; then hold a hearing, and then mediate between the two of you. If mediation fails, the arbitration committee shall issue an award. Labor arbitration should be concluded within 60 days; if employees are dissatisfied with the ruling, they can file a lawsuit in court;
3. Workers must not delay working in a new unit while applying for labor arbitration. Article 50 of the Labor Law shall pay monthly payments to the workers themselves in the form of currency. Workers shall not be deducted or delay wages without reason. Article 18 of the "Interim Provisions on Wage Payment" provides that labor administrative departments at all levels have the right to supervise the employer's wage payment. If an employer commits any of the following acts that infringes on the legitimate rights and interests of workers, the labor administrative department shall order it to pay wages and economic compensation to workers, and may order it to pay compensation:
(1) Withholding or without reason Arrears in wages to workers; (2) Refusing to pay workers overtime wages; (3) Paying wages to workers below the local minimum wage standard. The standards of economic compensation and compensation shall be implemented in accordance with relevant national regulations.
If you have any questions about the above, please get in touch.
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