There are several ways to handle labor disputes: 1. Both parties negotiate on their own. Self-reconciliation through negotiation is the first way for the parties to try to solve the dispute. Of course, the settlement through consultation is based on the willingness of both parties. Unwilling to negotiate or failing to do so, the parties may choose mediation or arbitration procedures. Second, the mediation procedure. The parties may apply to the labor dispute mediation committee where the employer is located for mediation. Mediation procedures are voluntary. Only when both parties agree to apply for mediation can the mediation committee accept the case. The parties may directly apply for arbitration without mediation. In addition, if there is a dispute between the trade union and the employer due to the performance of the collective contract, the mediation procedure is not applicable, and the parties should directly apply for arbitration. Third, the arbitration procedure. If mediation fails, one or both parties may apply to the local labor dispute arbitration committee for arbitration. The parties may also directly apply for arbitration. The arbitration procedure is compulsory, that is, as long as one party applies for arbitration and meets the acceptance conditions, the arbitration commission shall accept it; If the parties want to bring a lawsuit to the court, they must first go through the arbitration procedure. The people's court shall not accept a labor dispute case without arbitration procedure. Fourth, the court trial procedure. If a party refuses to accept the arbitration award, it may bring a lawsuit to the local grassroots people's court.
Legal basis: Article 3 of the Law of People's Republic of China (PRC) on Mediation and Arbitration of Labor Disputes should be based on facts, follow the principles of legality, fairness, timeliness and paying attention to mediation, and protect the legitimate rights and interests of the parties according to law.
Article 4 In the event of a labor dispute, the laborer may negotiate with the employer, or request the trade union or a third party to negotiate with the employer to reach a settlement agreement.
Article 128 of the Contract Law of People's Republic of China (PRC), the parties may settle their contract disputes through conciliation or mediation. If the parties are unwilling to settle or mediate, or the settlement or mediation fails, they may apply to an arbitration institution for arbitration according to the arbitration agreement. The parties to a foreign-related contract may apply for arbitration to an arbitration institution in China or other arbitration institutions according to the arbitration agreement. If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may bring a suit in a people's court. The parties shall perform legally effective judgments, arbitral awards and conciliation statements; Refuses to execute, the other party may request the people's court for execution.