Jinan arbitration procedure

Legal subjectivity:

1. The case acceptance at this stage includes two tasks: first, the parties submit a written arbitration application to the labor dispute arbitration committee within the prescribed time limit; The second is case acceptance. After receiving the application for arbitration, the Arbitration Commission shall make a decision on whether or not to accept it within a certain period of time. 2. Investigation and evidence collection The purpose of investigation and evidence collection is to collect relevant evidence and materials, understand the implementation of disputes, and prepare for the next mediation or ruling. The investigation and evidence collection work includes writing an investigation outline, conducting targeted investigation and evidence collection according to the investigation outline, and verifying the investigation results and relevant evidence. 3. On the basis of finding out the facts, the mediation arbitration tribunal should first do a good job in mediation and try to urge both parties to reach an agreement voluntarily. The arbitration tribunal that has reached an agreement shall also make an arbitration conciliation statement. 4. After mediation by the arbitration tribunal, the award is invalid or the parties renege before the arbitration mediation is served, and mediation fails, the labor dispute settlement will enter the arbitration stage. The award of the arbitration tribunal shall be made by convening an arbitration meeting. Generally, it needs to go through the process of court investigation, debate and presentation by both parties. Finally, the arbitrator will fully negotiate the disputed facts and make a ruling according to the principle that the minority is subordinate to the majority. After the arbitration tribunal makes an award, it shall make a conciliation statement. If a party refuses to accept the ruling, he may bring a lawsuit to the court within the specified time. 5. Execution of mediation or award The arbitration conciliation statement shall take effect as of the date it is served on the parties; The arbitral award shall take effect after the expiration of the statutory prosecution period. After the conciliation statement or award comes into effect, both parties shall consciously perform it. It can be seen from the above that the effective time for applying for labor dispute arbitration is within one year from the date when the parties learn that their rights have been infringed. If the labor relationship between the two parties is not terminated, there is no such restriction. Labor arbitration needs to be completed by filing a case, investigating, obtaining evidence, making an award and executing the award. For more relevant knowledge, please consult lawyer 365 Tieling lawyer. The above is the relevant contents of the Application Form for Labor Dispute Mediation compiled by Bian Xiao for you. I hope it will be helpful to you. If you still don't understand this, you can consult our lawyer. The above provides a model, format and precautions for everyone. You can write an application for labor dispute mediation according to your actual situation.

Legal objectivity:

Article 28 of the Labor Dispute Mediation and Arbitration Law of People's Republic of China (PRC) * * * The applicant shall submit an application for arbitration and submit copies according to the number of respondents. People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law Article 30 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. Article 38 of the Law of People's Republic of China (PRC) on Mediation and Arbitration of Labor Disputes, the parties have the right to conduct cross-examination and debate during the arbitration process. After the cross-examination and debate, the presiding arbitrator or the sole arbitrator shall consult the final opinions of the parties. People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law Article 42 The arbitration tribunal shall conduct mediation before making an award. If an agreement is reached through mediation, the arbitration tribunal shall make a conciliation statement. The conciliation statement shall specify the arbitration request and the result of the agreement between the two parties. The conciliation statement shall be signed by the arbitrator, stamped with the seal of the Labor Dispute Arbitration Commission and served on both parties. The conciliation statement shall have legal effect after it is signed by both parties. Before the conciliation statement is served, if the conciliation fails or one party reneges, the arbitration tribunal shall make an award in time.