What materials should be prepared to bring a labor dispute to court?
When you become a regular employee of the employer, you have to sign a formal labor contract with the employer, but there will still be labor disputes. When a labor dispute occurs, you can bring a lawsuit to the court and provide the corresponding materials to the court. What materials should be prepared? What materials should I prepare for a labor dispute lawsuit? 1, the original indictment, with corresponding copies provided according to the number of defendants. 2. Materials to prove the subject qualification of the parties. If the party is a natural person, submit a copy of identity information such as ID card or household registration book; If the party is a legal person or other organization, it shall submit a copy of the industrial and commercial business license or the main registration materials such as the industrial and commercial registration materials in the last three months or the registration certificate of social organizations as legal persons. If the plaintiff is a legal person or other organization, the identity certificate of the legal representative or the certificate of the principal responsible person shall also be submitted. 3. If the prosecution is entrusted, the power of attorney of the plaintiff shall be submitted. If a citizen acts as an agent, he shall also submit a copy of his identity card; If a lawyer acts as an agent, a copy of the official letter of the law firm and the lawyer's practice certificate shall be submitted at the same time. 4. Materials that prove the existence of legal relationship of labor contract or factual legal relationship of labor, such as labor contract and payroll. 5, labor dispute arbitration award, delivery receipt, notice of rejection and other materials to prove that the labor legal relationship has been handled by the labor dispute arbitration commission first. 6. Other materials related to the claim. The process of court hearing labor dispute cases 1. When the court accepts the plaintiff's complaint, it shall submit the complaint and relevant evidence materials, and submit the copy of the complaint and evidence according to the number of defendants. Upon examination, if it meets the acceptance conditions, it shall be accepted immediately and the relevant filing procedures shall be handled. If the conditions for acceptance are not met, the written decision of rejection shall be served on the plaintiff within seven days from the date of receipt of the complaint. 2. The pretrial court shall, within five days after accepting the case, serve the defendant with a copy of the complaint, a notice of responding to the lawsuit, a notice of litigation rights and obligations, a notice of proof and a summons for opening the court session. After responding to the lawsuit, the defendant served a court summons on the plaintiff. When summoning both parties in accordance with the law, the court should make all kinds of preparations for the hearing, such as informing the parties that they must participate in the proceedings, investigating the necessary evidence, informing the members of the collegial panel of the parties, and presiding over the exchange of evidence before the hearing. For the parties, first of all, when you or your unit is sued, you or your unit should respond to the lawsuit in accordance with the law in order to safeguard their legitimate rights and interests, and submit the defense and copy to the people's court within 15 days after receiving the complaint, and submit relevant evidence within the time limit specified by the court. Secondly, we should make all kinds of preparations to attend the proceedings in court and attend the trial on time according to the summons of the people's court. 3. When the court is in session, the clerk first announces the court discipline, and the judge finds out the appearance of the parties and asks whether the parties apply for withdrawal. Trial is divided into court investigation, court debate, court mediation or judgment. The court investigation is mainly to find out the facts of the case under the guidance of the judge, and the parties should fully prove and cross-examine at this stage. After the court investigation, the judge summarized the focus of the case according to the case, and the trial turned to the debate stage. In the debate stage, the parties can elaborate their views around the focus of the case and fully exercise their right to defense. After the court debate, the parties may voluntarily reach a mediation agreement under the auspices of the judge. If a mediation agreement cannot be reached, the judge will generally pronounce the sentence in court. If the case is too complicated to be pronounced in court, the verdict will be announced regularly. 4. If the appellant refuses to accept the judgment or ruling of the people's court of first instance, he may appeal to the people's court at the next higher level within the statutory time limit. The appeal period for a party who refuses to accept a civil or administrative judgment is fifteen days, and the ruling is ten days; The appeal period against the criminal judgment is ten days and the ruling is five days. 5. When the parties apply for a retrial or appeal, if their legal representatives or interested parties think that there are errors in the legally effective civil and administrative judgments, rulings and conciliation statements of the people's courts, they may apply for a retrial. An application for retrial shall be filed within two years after the judgment or ruling becomes legally effective. If the parties concerned, their legal representatives or close relatives believe that there is indeed an error in the legally effective criminal judgment or ruling, they may appeal to the people's court. The appeal period is from the effective date of the judgment to two years after the end of the defendant's penalty. An application for retrial or appeal shall be submitted to the people's court that has made an effective judgment. To apply for retrial or appeal, an application for retrial or appeal shall be submitted together with the original judgment document and new evidence. According to the law, the application for retrial or appeal does not affect the execution of the effective judgment or ruling. 6. After the judgment, ruling, conciliation statement and payment order applied for execution become legally effective, if the debtor fails to perform his debts within the period specified in the above documents, the creditor may apply to the people's court for compulsory execution. The time limit for applying for execution is one year if both parties or one party is a citizen, and six months if both parties are legal persons or other organizations. If one party fails to perform the award of the arbitration institution, the legally effective creditor's rights document of the impartial organ or the decision of the administrative organ on handling and punishment, the other party may apply to the people's court for compulsory execution. There are many ways to solve labor disputes besides bringing a lawsuit to the court, but most people will choose to solve them through litigation. Through the understanding of this article, I believe that everyone already knows what materials need to be prepared for labor dispute litigation.