How to apply for labor arbitration in ChangshaWhat is the labor arbitration process in Changsha? 1. Submit an application: When applying for arbitration, the parties shall submit a written arbitration

How to apply for labor arbitration in ChangshaWhat is the labor arbitration process in Changsha? 1. Submit an application: When applying for arbitration, the parties shall submit a written arbitration application and submit copies according to the number of respondents. The application shall state the following matters: 1. The name, gender, age, workplace and residence of the employee; the name, residence of the employer and the name and position of the legal representative or principal responsible person; 2. Arbitration request and basis Facts and reasons; 3. Evidence and sources of evidence, names and addresses of witnesses; 4. Date of application for arbitration. 2. Acceptance of arbitration: The arbitration committee shall make a decision on acceptance or rejection within five days from the date of receipt of the arbitration application. If the arbitration committee decides to accept the application, it shall serve a copy of the arbitration application to the respondent within five days from the date of its decision. If it is decided not to accept the application, the reasons shall be stated. 3. Hearing: The arbitral tribunal shall notify the parties in writing of the date and place of the hearing five days before the hearing. If the applicant refuses to appear in court without justifiable reasons or without the consent of the arbitral tribunal, the claim will be dismissed, and the respondent may be heard in absentia. 4. Arbitration and mediation: The arbitral tribunal should focus on mediation when handling labor disputes, and encourage the parties to reach a voluntary agreement on the basis of ascertaining the facts. If an agreement is reached through mediation, the arbitral tribunal shall prepare a mediation letter based on the content of the agreement, which shall become legally effective from the date of delivery; if no agreement is reached during mediation, the arbitral tribunal shall make a timely ruling. 5. Arbitration: When the arbitral tribunal decides a labor dispute case, the labor arbitration committee shall terminate the case within 45 days from the date of accepting the arbitration application. If the case is complicated and requires an extension, the extension shall be approved and the parties notified in writing. The extension period shall not exceed fifteen days. The arbitral tribunal shall make an arbitration award and serve it on both parties. The parties may file a lawsuit in the People's Court within fifteen days from the date of receipt of the arbitration award; if no lawsuit is filed within the time limit, the award will become legally effective. Legal Risks Applicable to Labor Dispatch At present, many companies entrust their employees who have worked for many years to labor dispatch units under the guise of labor dispatch to avoid corporate responsibilities, but these so-called dispatched employees are actually still doing their original work. The job is just that the labor contract is not signed with the Yuan unit, but with the labor dispatch unit. In fact, this is an act of circumventing the law and involves legal risks. The Labor Contract Law stipulates that labor dispatch applies to "temporary, auxiliary, and alternative" work, and most employees dispatched by companies are engaged in normal work of the main business. The Labor Contract Law does not stipulate what constitutes "temporary, auxiliary, or alternative" work. Regarding this issue, the Legal Committee of the National People's Congress issued a reply to the Ministry of Labor, defining three principles for labor dispatch forms: temporary, auxiliary, and substitute. The so-called auxiliary nature means that the positions using labor dispatch workers need to be non-main business positions of the enterprise; substitution means that when regular employees temporarily leave their jobs and cannot work, the labor dispatch company can only dispatch one person as a temporary replacement; temporary nature, that is, labor service The dispatch period shall not exceed 6 months. On the contrary, the positions that the company will employ for more than 6 months must be used by regular employees of the company. Therefore, when companies choose labor dispatch, they should carefully consider the nature of the positions they are recruiting. Not all jobs are suitable for dispatching workers from outside units. When the trial period of a short-term contract is short and it is difficult to determine whether the long-term contract is suitable for the employer's work, the labor dispatch method can be considered. In this way, during the labor dispatch period, if the employer feels it is suitable, it can sign a long-term contract; if it is not suitable, it can be returned to the dispatching unit and the dispatching unit will make its own arrangements. When applying for labor arbitration, there are many times when you do not understand the content and you should seek help from a lawyer.