Agreement on Labor Arbitration Procedure in Putuo District

The parties entrust a lawyer to apply to an arbitration institution for arbitration; Submit a written application for arbitration; After receiving the application for arbitration, the Arbitration Commission shall conduct an investigation to determine whether to accept it; If it decides to accept arbitration, it shall send a copy of the arbitration application to the company of the party concerned within 5 days; Elected by the court. The above is the process of applying for labor arbitration in Putuo District, Shanghai.

1. How to get to the labor arbitration process in Putuo District, Shanghai?

The labor arbitration procedure is as follows:

1. The parties apply to the Labor Dispute Arbitration Committee for labor arbitration;

2. Submit a written application for arbitration;

3. Within five days from the date of receiving the application for arbitration, if the labor dispute arbitration committee considers that it meets the acceptance conditions, it shall accept it;

4. After accepting the application for arbitration, the labor dispute arbitration committee shall deliver a copy of the application for arbitration to the respondent within five days.

5. Make court decisions public.

Article 29 of the Labor Dispute Mediation and Arbitration Law of People's Republic of China (PRC) stipulates that if the labor dispute arbitration committee considers that it meets the acceptance conditions within five days from the date of receiving the arbitration application, it shall accept it and notify the applicant; If it does not meet the acceptance conditions, it shall notify the applicant in writing that it will not be accepted and explain the reasons. If the labor dispute arbitration commission refuses to accept or fails to make a decision within the time limit, the applicant may bring a lawsuit to the people's court on the labor dispute.

Second, what is the process of labor arbitration?

1, materials to be prepared

(1) Application: The application for labor arbitration shall clearly indicate the arbitration request, facts and detailed calculation method of the amount of arbitration request according to the number.

(2) List of evidential materials: List of evidential materials, which shall be listed in the order of logic and arbitration request, with the page number of evidence indicated and numbered. At the same time, the evidence should be sorted according to the order in the list.

(3) Confirmation of the service address of the parties: The arbitration tribunal will send the notice of the arbitration hearing and the results to itself and the company by express delivery, and confirm the address and the recipient. Need to fill in truthfully.

(4) Original and photocopy of ID card

Copy of ID card 1 copy should be copied on the same piece of paper and marked "This copy of ID card is consistent with the original. Signature: Date: ". After verification, the arbitration staff will return the original ID card to the applicant.

(5) industrial and commercial registration information of the employer.

You can query, print and submit a copy from the local enterprise credit information online.

2. Submit applications and materials

After you have prepared the above materials, you can apply to the Labor Arbitration Commission for arbitration.

3. Pre-litigation mediation

The arbitration commission will accept a large number of arbitration cases every day, so the arbitrator will confirm whether pre-case mediation is needed to simplify the overall arbitration process. If you agree to mediate before filing a case, you need to sign a mediation confirmation letter and a receipt of evidence materials.

4. Submit to arbitration

If you don't want to mediate before filing a case, or you need to hold an arbitration session after mediation, you will receive an arbitration receipt. Then go home and wait for the notice, during which the arbitration tribunal will first review the application and the list of evidence.

Step 5 appear in court

About half a month after submitting the application, the Arbitration Commission will call to get the notice, including the notice of accepting the case, the notice of giving evidence and the notice of appearing in court.

Preparing arbitration materials, submitting arbitration applications and materials, mediating cases, submitting for arbitration and appearing in court are the five steps of labor arbitration. The arbitration materials prepared include the application, the list of evidence, the arbitration address, the industrial and commercial registration information of the unit, and the original and photocopy of the employee ID card.