I. Arbitration may apply for legal aid.
Generally speaking, only some vulnerable groups can get it, such as the disabled and low-income people. Normal people can't get assistance, so they can only pay for their own lawyers.
According to the provisions of Articles 10 and 11 of the Regulations of the People's Republic of China on Legal Aid, if a citizen has the following matters and has not entrusted an agent or a defender, he may apply for legal aid or be appointed by the people's court to defend:
1, request state compensation according to law.
2. Request for social insurance benefits or minimum living security.
3. Request for pensions and relief funds.
4. Requesting to pay alimony, alimony and alimony.
5. Requesting payment of labor remuneration.
6. Advocate the civil rights and interests arising from the courageous deeds.
7 cases of personal injury compensation caused by medical accidents, traffic accidents and industrial accidents.
8. Due to domestic violence, abuse, bigamy, etc. Cases in which the victim asks for divorce and personal injury compensation.
9. The criminal suspect fails to hire a lawyer due to financial difficulties after the investigation organ makes the first inquiry or takes compulsory measures.
10. The victim of a public prosecution case and his legal representative or close relatives have not entrusted an agent ad litem due to financial difficulties since the date when the case was transferred for examination and prosecution.
1 1. Since the people's court accepted the case of private prosecution, the private prosecutor and his legal representative have not entrusted an agent ad litem due to financial difficulties.
12. In a case where a public prosecutor appears in court for public prosecution, the defendant fails to entrust a defender due to financial difficulties or other reasons. If the people's court appoints a defense for the defendant, the legal aid institution shall provide legal aid.
13. If the defendant is blind, deaf, dumb or a minor without a defender, or if the defendant may be sentenced to death without a defender, when the people's court appoints a defender for the defendant, the legal aid institution shall provide legal aid without examining the defendant's financial situation.
The following cases or matters, the legal aid center shall not provide legal aid, including:
1. A civil action or criminal private prosecution case caused by the applicant's fault liability infringing on the legitimate rights and interests of others.
2 administrative litigation cases caused by the fault of the applicant.
3. The applicant can't provide evidence related to litigation, and can't investigate the case of collecting evidence.
4, can be handled by administrative organs without litigation.
5. Cases and legal procedures are simple, and it is usually unnecessary to hire legal service personnel to represent cases.
6. Cases where legal remedies have been exhausted.
7. The applicant defrauds legal aid without providing supporting materials or issuing false certificates.
8, approved by the competent department, the legal aid center announced that other cases will not be accepted.
Second, the basic procedures of legal aid
If legal aid is needed, the parties concerned shall apply to the following legal aid centers respectively: criminal cases, civil cases and administrative litigation cases shall be submitted to the legal aid center at the same level where the people's court with jurisdiction is located; If it is a non-litigation legal matter, it shall be submitted to the legal aid center of the domicile or the place where the fact occurred; If it is a notarization matter, it shall be submitted to the legal aid center of the domicile, the place where the fact occurred or the place where the real estate is located.
To apply for legal aid, you must fill out an application form for legal aid, which shall specify the following items: the basic information of the applicant; The facts and reasons for applying for legal aid; The financial status of the applicant; List of certificates and certification materials provided by the applicant; Other matters required by the legal aid center. Applicants for legal aid should submit the following materials to the legal aid center: identification materials, such as resident identity card, household registration certificate or other valid identification (such as temporary residence permit); Proof of financial difficulties, such as relief certificate issued by relevant government departments or units, proof of financial difficulties of applicants and family members, employment certificate of employees, unemployment certificate, etc. ; Proof of legitimate rights and interests, such as real estate license, proof of kinship, and factual materials of infringement of rights and interests; Other materials deemed necessary by the Legal Aid Center.
If an agent or an agent applies, it shall also submit the qualification certificate of the agent and the basic information of the agent. After receiving the application, the legal aid center shall conduct a review in accordance with relevant regulations within 5 days. The contents of the review include: whether it should be accepted by this legal aid center; Whether it meets the conditions of legal aid; If the materials provided by the applicant are complete or in doubt, the Legal Aid Center may notify the applicant or his agent to make necessary supplements or explanations, and may investigate and collect relevant evidence from relevant units and individuals, and the relevant units and individuals shall cooperate.
After reviewing the application for legal aid, the legal aid center makes the following decisions according to different situations: for those who meet the requirements, the legal aid center shall make a decision to agree to provide legal aid, sign a legal aid agreement with the recipient, and clearly stipulate the fee reduction and other rights and obligations of both parties. Designate a legal service agency to undertake legal aid matters according to the prescribed procedures, designate legal aid contractors through this agency, and notify the recipients in writing. Providing legal aid to recipients is the key link of legal aid. After accepting the assignment of the legal aid center, the legal aid contractor shall perform his duties in accordance with the relevant provisions and provide legal aid to the recipient in the usual way such as defense and agency. Notaries should also follow the provisions of notarization procedures when handling legal aid matters, and only those who meet the notarization conditions can issue notarial certificates.
I hope that the information collected for you about applying for legal aid in labor arbitration will help you. It is not difficult for us to know that the answer to whether labor arbitration can apply for legal aid is yes, because the purpose of the government to set up legal aid institutions is to help the disadvantaged groups who need legal help. Therefore, as long as the workers are really in financial difficulties and have difficulty in hiring lawyers to defend them, they can apply for legal aid from legal aid agencies with relevant documents and materials.