Model text of labor dispute mediation, labor dispute mediation refers to the mediation and consultation conducted by a third party when disputes arise between enterprises and employees due to various interests, and the purpose of settlement is explained through labor dispute mediation. Model essay on labor dispute mediation
Model text of labor dispute mediation 1 1. Model text of labor dispute mediation
Mediation of labor disputes
Party applying for mediation: Name (name):
Gender: _ _ _ _
Work (position): _ _ _ _
Legal Representative: _ _ _ _ _ _
Authorized Agent: _ _ _ _ _ _
The other party applying for mediation: name (name): _ _ _ _ Gender: _ _ _ _ _ _ _ _
Work (position): _ _ _ _
Legal Representative: _ _ _ _ _ _
Authorized Agent: _ _ _ _ _ _
The above two parties have a dispute over _ _ _ _ _ _ _ _
1_______________;
2________________;
3________________。
Parties applying for mediation: (signature and seal)
Application for mediation: (signature and seal)
Person in charge of mediation committee: (signature and seal)
Labor Dispute Mediation Committee: (official seal)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Demonstration Paper on Labor Dispute Mediation 2 Labor Dispute Mediation
Party applying for mediation: name (name) _ _ _ _ _ _: gender: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Work (position): _ _ _ _
Legal Representative: _ _ _ _ _ _
Authorized Agent: _ _ _ _ _ _
The other party applying for mediation: name (name): _ _ _ _ Gender: _ _ _ _ _ _ _ _
Work (position): _ _ _ _
Legal Representative: _ _ _ _ _ Authorized Agent: _ _ _ _ _ _
The above two parties have a dispute over _ _ _ _ _ _ _ _
1_______________;
2________________;
3________________。
Parties applying for mediation: (signature and seal)
Apply for mediation: (signature and seal)
Person in charge of mediation committee: (signature and seal)
Labor Dispute Mediation Committee: (official seal)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Key points of document
The Labor Dispute Mediation Agreement is a legal document signed and sealed by both parties to the labor dispute under the auspices of the enterprise labor dispute mediation committee on matters related to dispute settlement.
Special tips
Problems that should be paid attention to when making a labor dispute mediation agreement are:
(1) Mediation is conducted under the auspices of the enterprise labor dispute mediation committee. Therefore, the main body of this legal document is the two parties to the dispute and the enterprise labor dispute mediation Committee, and the mediation document must be signed and sealed by the three parties before it can take effect.
(2) In the composition of the enterprise labor dispute mediation committee, it shall be composed of representatives of workers, enterprises and trade unions. Workers' representatives are elected by the workers' congress, enterprise representatives are designated by the factory director and manager, and enterprise trade union representatives are designated by the enterprise trade union committee. The specific number of members of the mediation committee shall be proposed by the workers' congress and determined through consultation with the factory director and manager. The number of enterprise representatives shall not exceed 1/3 of the members of the committee. The director of the mediation committee shall be a representative of the enterprise trade union.
(3) According to relevant regulations, if a party submits a dispute to an enterprise mediation committee for mediation, it shall apply within 30 days from the date when it knows or should know that its rights have been infringed.
(4) Mediation by the Enterprise Mediation Committee is not a necessary procedure. Only when both parties to the dispute agree to mediation by the Enterprise Mediation Committee can the enterprise preside over mediation.
(5) The mediation committee shall preside over mediation on the basis of ascertaining the facts and distinguishing right from wrong. If an agreement is reached through mediation, an agreement shall be made. The agreement shall specify the names of the parties (or the full name and legal representative of the enterprise), disputed matters, mediation results, etc. , and then signed and sealed by the person in charge of the mediation Committee and both parties, and stamped with the official seal of the mediation Committee. This agreement is made in triplicate, one for each party.
(6) After the parties reach a mediation agreement, they should consciously perform the contents of the agreement, and the enterprise mediation committee should also urge the parties to perform the agreement, but at the same time the agreement is not legally binding. In other words, if one party refuses to perform the agreement, the other party can only apply to the local labor dispute arbitration committee for arbitration.
Model essay on labor dispute mediation 3 court mediation of labor dispute cases
Intermediate People's Court of XX Province
paper of civil mediation
(20××××) Sui Fa Zhong Min Zi No.46
Appellant (defendant in the original trial): Guangzhou XXX Property Management Co., Ltd., whose domicile is XXX District, Guangzhou.
Legal Representative: Li XX, general manager of this company.
Authorized Agent: Lawyer Chen, lawyer of Jiangxi XXX Law Firm.
Appellee (plaintiff in the original trial): Zhou ××××.
Authorized Agent: Chen XX, lawyer of Guangdong XX Law Firm.
Guangzhou XXX Property Management Co., Ltd., the appellant, refused to accept the civil judgment of (20××××) SuiNo.11××××× made by the Guangzhou Municipal People's Court because of a labor dispute with the appellee Zhou XX, and appealed to our court. Request: to revoke the original judgment and change the judgment to support the original judgment appeal of Guangzhou XXX Property Management Co., Ltd., and the appellee shall bear the legal costs of this case. Cause of action: labor dispute
After mediation by our hospital, both parties voluntarily reached the following mediation agreement:
1, Guangzhou XXX Property Management Co., Ltd. pays Zhou Nv XXX Yuan in one lump sum (both parties have paid it);
2. Zhou gave up other opinions;
3. The acceptance fee for the first and second instance cases is ×× yuan, which shall be borne by Guangzhou ×× Property Management Co., Ltd.;
4. After mediation, both parties will no longer hold each other accountable;
5. This mediation agreement shall come into effect as of the date of signing by both parties (20 ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
The above agreement complies with relevant laws and regulations, and we confirm it.
Two. Scope of labor disputes
According to Article 2 of China's Labor Dispute Mediation and Arbitration Law, the scope of labor disputes is:
(1) Disputes arising from the confirmation of labor relations;
(2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts;
(3) Disputes arising from delisting, dismissal, resignation or resignation;
(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;
(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;
(six) disputes between workers and employers in the process of performing labor contracts;
(7) Disputes arising after the laborer and the employing unit have not concluded a written labor contract, but have formed a labor relationship;
(eight) after retirement, due to the recourse of social insurance such as pension, medical expenses, work injury insurance benefits and other disputes with the original employer who has not yet participated in social insurance co-ordination;
(nine) other labor disputes as prescribed by laws and regulations.