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With the improvement of workers' legal awareness, many times there is a labor dispute with the unit, and then you can know that you can bring a lawsuit to the court. However, labor disputes are different from ordinary disputes. Can I sue directly after a labor dispute? This is not clear to many people. Let Bian Xiao introduce you.
First, can you sue directly after a labor dispute?
After a labor dispute occurs, workers cannot directly bring a lawsuit to the court. If the laborer wants to solve the dispute through legal channels, he must first file an application for labor arbitration with the Labor Dispute Arbitration Committee within 60 days after the labor dispute occurs. If the party refuses to accept the arbitration result, it shall bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award. You can't file a lawsuit directly. Please note that it is not a necessary process to report to the supervisory department and go to the mediation Committee for mediation, but labor arbitration is a necessary process for prosecution.
The provisions of the Civil Procedure Law apply to the trial of labor dispute cases by the court, just like the trial of general civil disputes. Its main procedures include first instance procedure, second instance procedure and trial supervision procedure.
The procedure of first instance is very complicated.
Before the hearing, the people's court will send a copy of the indictment to the defendant, form a collegial panel, conduct an investigation or entrust an investigation, and notify the parties to participate in the proceedings. The court investigation shall be conducted in the order of the statements of the parties, the testimony of witnesses, the presentation of testimony and other evidence, the reading of the appraisal conclusion and the record of the inquest. After entering the court debate, the plaintiff and his agent ad litem speak first, then the defendant and his agent ad litem reply, and then the parties argue with each other. After the debate, the presiding judge shall seek the final opinions of all parties in the order of plaintiff, defendant and third party. Mediation can be conducted before the judgment, and mediation can also be conducted. If mediation fails, a judgment shall be made in time. The written judgment shall specify the cause of action, the claim, the facts and reasons of the dispute; The facts, reasons and applicable legal basis of the judgment; The verdict and the burden of litigation costs; During the appeal and the court of appeal.
If a party refuses to accept the judgment of the first instance, it may file a second instance procedure according to law. An appeal must be lodged with a higher court within 15 days from the date when the judgment of first instance is served. The appeal shall specify the names of the parties, legal persons and their legal representatives, the name of the people's court hearing the case, the case number and the cause of action, as well as the request and reasons for the appeal. The appeal shall be filed through the court of first instance, and copies shall be filed according to the number of the opposing parties or representatives. The court of second instance shall examine the relevant facts of the appeal request and the applicable law, and form a collegial panel for trial. If the collegial panel considers it unnecessary to hold a court session, it may also make a judgment. When hearing an appeal case, the court of second instance may conduct mediation. The judgment made by the court of second instance is final.
The procedure of trial supervision is a procedure that the court finds that the legally effective judgment or ruling is wrong and needs to be retried. The parties may also apply for retrial, but they must do so within 2 years after the judgment becomes legally effective.
Second, how to apply for labor arbitration
1. When applying for arbitration, the applicant shall submit an application for arbitration and submit copies according to the number of respondents.
2. The application for arbitration shall contain the following items:
(1) The name, sex, age, occupation, work unit and domicile of the laborer, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;
(2) The arbitration claim and the facts and reasons on which it is based;
(3) Evidence and its sources, names and residences of witnesses.
If it is really difficult to write an arbitration application, you can apply orally, which will be recorded by the labor dispute arbitration Committee and informed to the other party.
Can I sue directly after a labor dispute? It can only be said that in most cases, labor arbitration must come first, that is to say, most labor disputes must be handled by the labor arbitration Committee before labor litigation can be filed. In practice, only a few labor disputes are allowed to bring a lawsuit directly to the court. For more relevant knowledge, please consult lawyer Ziyang.
Extended reading:
What are the ways to deal with labor disputes?
Determination of labor dispute jurisdiction
How to calculate the limitation of labor dispute litigation?