How to arbitrate?

Labor arbitration requires the following steps:

1. Apply for arbitration and submit an arbitration complaint within one year after the dispute occurs.

2. The Arbitration Commission shall make a decision on whether to accept or not within five days from the date of receiving the complaint.

3. The arbitration tribunal shall notify both parties in writing five days before the hearing.

4. Opening a court session, making clear requests, defending, investigating facts, presenting evidence, cross-examining, debating and making statements.

5. Mediation.

6. If mediation fails, the award is invalid.

Extended information: The materials needed for labor arbitration can be divided into three categories: different people need different materials to apply for labor arbitration:

I. If the applicant is an employee, please submit the following materials:

(1) application for labor arbitration (detailing the factual reasons for the application, in duplicate or according to the number of respondents;

(2) the applicant's identity certificate and a copy;

(3) If there is an entrusted agent, a power of attorney shall be signed and submitted in person, indicating the entrusted matters, and a copy of the ID card of the entrusted agent shall be submitted. If the principal's agent is a practicing lawyer sent by a law firm, a copy of the lawyer's practice certificate shall be provided; If the agent of the principal is a citizen, it shall provide the free agency agreement signed with the principal and the legal information on the relationship between the agent and the principal;

(4) industrial and commercial registration information of the respondent;

(five) the proof of the existence of labor relations between the applicant and the respondent; (Proof materials include: labor contract, temporary residence permit, work permit, factory brand, work card, payroll (single), employment registration form, deposit receipt, and punishment certificate and notice or certificate of dismissal, dismissal or termination of labor relations, etc. When the applicant submits the certification materials, one original and one copy shall be attached, and the original shall be returned after examination;

(6) List of evidence materials submitted in duplicate;

The second category. If the applicant is involved in a collective dispute, please submit the following materials: In addition to the first-class (1) to (6) materials, the applicant recommends three or five employee representatives, and submits the list of employee representatives and the signature form of all employees. Among them, if it is a collective dispute case of unpaid wages, the applicant shall also submit the list of employees who are owed wages by the employer and the balance table of unpaid wages.

The third category. If the applicant is an employer, please submit the following materials:

(1) Copy of the applicant's identity certificate;

(2) Proof of the existence of labor relations between the applicant and the respondent (the same as Item (6) of the first category);

(3) A copy of the business license;

(4) the identity certificate of the legal representative;

(5) If there is an entrusted agent, submit a copy of the ID card of the entrusted agent in the power of attorney (indicating the entrusted matters);

(6) List of documents submitted (in duplicate).

Reference source: Baidu Encyclopedia-Labor Arbitration