Do you know why enterprises are afraid of being arbitrated by labor? Do you know why enterprises are afraid of being arbitrated by labor?
1. The reason why enterprises are afraid of labor arbitration is probably because labor arbitration will consume a certain amount of energy and time, which is likely to have a certain negative impact on the company. Moreover, in the practice of the judicial department, the loss rate of the employing company is relatively high.
2. For ordinary companies, too much work will endanger the company's credit rating, and companies with low credit ratings are more likely to be sampled by the Industrial and Commercial Bureau.
3. Mutually beneficial cooperation: If the company wants equity financing or involves some direct trade in the middle and late stage, the other company is likely to refer to these information contents, and then refuse to cooperate and miss many opportunities for development trends.
4. The company can't close the account: According to the relevant requirements of the Company Law, a company with litigation disputes can't close the account immediately. The operation department of the company firmly believes that everyone knows that the responsible person will be blacklisted.
So we all understand why enterprises are afraid of being arbitrated by labor. For a company that wants to develop for a long time, too much labor arbitration is likely to lead to the company's failure to operate well.
Do I have to find a lawyer to apply for labor arbitration? This problem actually depends on the difficulty coefficient of your labor dispute case, and also depends on your own mastery of the labor contract law. If you know the law yourself, or according to online search and study and training, you feel that you can apply for labor arbitration in your own way.
That's ok, and it also saves a lawyer's agency fee. But if you don't know anything about the labor contract law, how to explain the real situation to the arbitration tribunal and how to collect direct evidence, then I suggest you find a criminal defense lawyer of Sichuan Zheng Lu Law Firm to solve it.
What are the steps of labor arbitration?
First, the time spent collecting direct evidence.
It depends on the time spent by the staff. If they are well prepared, it can be one day. If there is no preparation in advance, the time spent includes: the time spent sorting out litigation requirements, the time spent collecting direct evidence, the time spent preparing raw materials for labor arbitration in advance, and the time spent submitting labor arbitration applications.
2. How many days does it take to submit an application to the labor arbitration unit?
It only takes five days, and it's not a day at work. Whether you accept it or not will have a result. If you are admitted, you can get an admission notice. If there is no result after more than 5 days, you can actively go to the labor arbitration unit for consultation. This kind of thing must also be positive, otherwise it is not clear how long this time will drag on!
Do I have to find a lawyer to apply for labor arbitration? Do I have to find a lawyer to apply for labor arbitration?
3. How many days does it take for the labor arbitration to accept the arbitration result?
Relevant laws and regulations must produce results within 45 natural days. Due to unique reasons, after the Labor Arbitration Federation is willing, the results can be delayed by at most half a month, that is, at most 60 natural sunrise results. In that case, all litigation links are 60 days +5 days =65 days, and there must be a result. If there is no result, everyone must actively ask and find out the reason.
4. Can you still work in the company during the labor arbitration, or can you find a job?
1. If the company produces a written notice to terminate the labor contract or is forced to resign, it can find a new job after the lawsuit is accepted, but remember to attend the trial.
2. If the labor arbitration request does not involve the termination of the labor contract, it is necessary to re-work, because the labor relationship has not been eliminated. If the company is not allowed to go to work because you apply for labor arbitration, remember to show your goods in writing, otherwise you need to punch in at work anyway, investigate and collect evidence, and avoid being dismissed on the grounds of continuous absenteeism!
Verb (abbreviation of verb) What are the conclusions of labor arbitration, that is, the company can no longer bring a lawsuit to the people's court?
As we all know, if a lawsuit is brought to the people's court, it will take a long time for the first trial and the second trial. However, there are two cases that belong to the final award of labor arbitration.
1. The unpaid labor remuneration, medical expenses for work-related injuries, economic compensation or compensation shall not exceed the local monthly minimum wage standard * 65438+February.
2. Working hours and rest time violate relevant laws and regulations of our country. This is rare, because overtime is an international practice!
Above, I have collected some practical professional knowledge, materials and direct evidence for you in the whole process of labor arbitration. It is enough to prepare one day in advance. The arbitration commission will know the result within 5 days after accepting it and issue the arbitration result within 45 days. If you terminate the labor contract with the original company, you can still find a new job during the lawsuit. If you are not eliminated, you can work in the original company again.
Labor arbitration is completely free. If you encounter labor disputes, you must protect the rights and interests of consumers.