Basic procedure
1. Apply for arbitration within one year after the dispute occurs, and submit an arbitration complaint.
2. The Arbitration Commission shall make a decision on whether to accept or not within five days from the date of receiving the complaint;
3. The arbitration tribunal shall notify both parties in writing five days before the hearing.
4. Opening a court session, making clear requests, defending, investigating facts, presenting evidence, cross-examining, debating and making statements.
5. Mediation
6. If mediation fails, make a ruling.
If the applicant is an employee, please submit the following materials:
(1) application for labor arbitration (detailing the factual reasons for the application, in duplicate or according to the number of respondents;
(2) the applicant's identity certificate and a copy;
(3) If there is an entrusted agent, a power of attorney shall be signed and submitted in person, indicating the entrusted matters, and a copy of the ID card of the entrusted agent shall be submitted.
If the principal's agent is a practicing lawyer sent by a law firm, a copy of the lawyer's practice certificate shall be provided; If the agent of the principal is a citizen, it shall provide the free agency agreement signed with the principal and the legal information on the relationship between the agent and the principal;
(4) industrial and commercial registration information of the respondent;
(five) the proof of the existence of labor relations between the applicant and the respondent; (Proof materials include: labor contract, temporary residence permit, work permit, factory brand, work card, payroll (single), employment registration form, deposit receipt, and punishment certificate and notice or certificate of dismissal, dismissal or termination of labor relations, etc. When the applicant submits the certification materials, one original and one copy shall be attached, and the original shall be returned after examination;
(6) List of evidence materials submitted in duplicate;
Extended data
1. In case of any of the following labor disputes, the employer and the employee may apply for labor arbitration:
(1) Disputes arising from the confirmation of labor relations;
(2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts;
(3) Disputes arising from delisting, dismissal, resignation or resignation;
(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;
(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;
(six) other labor disputes as prescribed by laws and regulations.
2 Beijing Labor Dispute Arbitration Commission (hereinafter referred to as the Arbitration Commission) accepts the following labor dispute cases within the administrative area of this Municipality:
(1) Labor disputes between central and municipal foreign-funded enterprises, Sino-foreign joint ventures and wholly foreign-owned enterprises and workers located in Dongcheng, Xicheng, Chongwen, Xuanwu, Haidian, Chaoyang, Shijingshan and Fengtai districts of this Municipality;
(2) Cases of labor disputes between Chinese-foreign equity joint ventures, Chinese-foreign cooperative ventures and wholly foreign-owned enterprises in other provinces and cities in Beijing or their branches and workers.
3. The employing unit, the laborer and the third party closely related to the outcome of the labor dispute case are the parties to the labor dispute case. One party applying for labor arbitration is the complainant and the other party is the defendant.
The complainant shall submit a written application to the Arbitration Commission within one year from the date of the labor dispute.
5. To apply for labor arbitration, the following materials shall be submitted:
(1) Apply for arbitration. The applicant shall truthfully and accurately fill in the application for arbitration in triplicate, two of which shall be submitted to the Arbitration Commission by the applicant himself or his entrusted agent, and one shall be kept by the applicant;
(2) proof of identity. If the applicant is a worker, submit the original and photocopy of his identity certificate; If the applicant is an employer, a copy of the business license, the identity certificate of the legal representative, the identity certificate of the entrusted agent and the power of attorney shall be submitted.
(3) Relevant materials that can prove the existence of labor relationship with the respondent, such as labor contract (employment contract or agreement), notice of dissolution or termination of contract, payroll (clause), social insurance payment certificate and other materials and copies;
(4) When the applicant applies for labor arbitration, the arbitration commission requires the applicant to submit relevant materials that can prove the identity of the defendant according to the needs of filing the case for examination, and the applicant shall submit them.
If the respondent is an employer, it shall submit its certificate of industrial and commercial registration (including the name of the unit, legal representative, domicile and business premises, etc.). ); If the respondent is a worker, it shall submit its permanent residence, current residence address and contact telephone number.
6. The Arbitration Commission shall, within five days from the date of receiving the arbitration application, make a decision on whether to accept or not to accept it and serve it on the parties.
If a case is decided to be accepted, it shall go to the Arbitration Commission to receive the Notice of Acceptance of the Case within three days after receiving the notice, and go through the acceptance procedures. If it decides not to accept the application, the Arbitration Commission shall serve a notice of rejection on the applicant.
7. If a case is decided to be accepted with the approval of the Arbitration Commission, the parties shall give evidence within the prescribed time limit for giving evidence. If the time limit for giving evidence is exceeded, it shall be deemed as giving up the right to give evidence.
References:
Baidu encyclopedia-labor arbitration