1. Labor arbitration takes about 45 days. If the case is complicated and needs to be postponed, it may be postponed with the approval of the chairman of the labor dispute arbitration commission, and the parties concerned shall be notified in writing, but the extension period shall not exceed fifteen days.
2. Legal basis: Article 43 of the Labor Dispute Mediation and Arbitration Law.
The arbitration tribunal shall conclude the labor dispute case within 45 days from the date when the labor dispute arbitration committee accepts the arbitration application. If the case is complicated and needs to be postponed, it may be postponed with the approval of the chairman of the labor dispute arbitration commission, and the parties concerned shall be notified in writing, but the extension period shall not exceed fifteen days. If the arbitration award is not made within the time limit, the parties may bring a lawsuit to the people's court on the labor dispute.
When the arbitration tribunal hears a labor dispute case, some facts are already clear, and it can make an award on that part first.
2. What materials are needed for labor arbitration?
The materials to be submitted for applying for labor dispute arbitration include:
1. The application is made in quadruplicate, three for the Arbitration Commission and one for the applicant. If the application is written or copied with pen or signature pen, the applicant must sign and date himself.
2. identification. Bring your valid ID and submit a copy.
3. Proof of labor relations. Such as labor contract, notice of dissolution or termination of labor contract, bank flow (if there is a salary record issued by the company or legal representative), social insurance payment certificate, work permit or documents sealed by the company.
4. The identity certificate of the respondent (company). If the respondent is an employer, it shall provide proof of its industrial and commercial registration, such as the company's business license or query and print the basic information of the company's industrial and commercial registration on the "Municipal Enterprise Credit Network".
5. Confirmation of service address. When submitting an application, the applicant shall fill in the Confirmation of Service Address, indicating the detailed address and contact telephone number of the arbitration documents it accepts.
6. Evidence materials. When submitting evidence to the Arbitration Commission, the applicant shall submit the same copies as the original, and submit copies according to the number of respondents. If audio-visual materials are submitted as evidence, CDs and complete written records shall be submitted. In addition, the applicant should also classify and number the evidence submitted by him one by one, fill in the list of evidence materials, and briefly explain the source of evidence and the content of proof.
The arbitration commission will make a decision on whether to accept the application within five working days from the date of receiving it, and inform the applicant. If it decides not to accept the application, the Arbitration Commission will serve a notice of rejection on the applicant.
3. What are the basic steps of the labor arbitration procedure?
1. application
Submit a written application to the Labor Dispute Arbitration Committee within 1 year from the date of labor dispute.
Step 2 accept
After receiving the application for arbitration, the labor dispute arbitration commission shall make a decision on whether to accept it within 5 days.
Make a ruling
After accepting the application, an arbitration award shall be made within 45 days after receiving the application for arbitration.
If the case is complicated and needs to be postponed, it may be postponed with the approval of the director of the labor dispute arbitration commission, and the parties concerned shall be notified in writing, but the extension period shall not exceed 05 days.
If the arbitration award is not made within the time limit, the parties may bring a lawsuit to the people's court on the labor dispute.
3. Arbitration and mediation
The arbitration commission may conduct mediation according to law, and if an agreement is reached through mediation, an arbitration conciliation statement shall be made.
The arbitration conciliation statement has legal effect and is legally binding from the date of service. The parties must consciously perform. If one party fails to perform, the other party may apply to the people's court for compulsory execution.
4. Burden of proof
1 It is the responsibility of the parties to provide evidence for their claims; The employer has a heavy burden of proof, and if the evidence related to the disputed matters 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.
Execute it first.
The arbitration tribunal may, at the request of the parties concerned, make a compulsory enforcement ruling on the case of claiming labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, and transfer it to the people's court for enforcement.
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