1. Is it necessary to appear in court for labor arbitration?
If there is a dispute between workers and employers at work, and if workers feel that their rights and interests have been lost, they will often choose to defend their rights through legal means. Some workers have applied for labor arbitration, but the treatment after applying for labor arbitration is not clear. In fact, labor arbitration does not necessarily need to go to court, but needs specific analysis.
Because labor arbitration refers to the labor dispute arbitration award that the parties apply to the labor and personnel dispute arbitration commission for arbitration. According to China's "Labor Law" and other laws and regulations, only the parties who refuse to accept labor arbitration can bring a lawsuit to the people's court. Therefore, under normal circumstances, if the dispute between the employee and the employer is settled in the stage of labor arbitration, the labor arbitration only needs to go to the labor dispute arbitration committee. When one party refuses to accept the lawsuit, the labor dispute needs to be resolved in the court.
Legal basis:
"People's Republic of China (PRC) labor dispute mediation and arbitration law" forty-eighth.
If a laborer refuses to accept the arbitration award stipulated in Article 47 of this Law, he may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award.
Second, the materials needed for labor arbitration
The materials needed for labor arbitration can be summarized 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;
(5) Proof of the existence of labor relations between the applicant and the respondent (proof materials include: labor contract, temporary residence permit, work permit, factory label, work card, payroll (single), employment registration form, deposit receipt, punishment certificate, notice or proof of dismissal, dismissal, dissolution (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).
It can be seen from the above that when there is a dispute between employees and the company, they can apply for labor arbitration. The arbitration commission will make a ruling on the dispute that the parties apply for arbitration. If you are not satisfied with the ruling, you can bring a lawsuit to the people's court within 15 days after receiving the ruling. If one party has a lawsuit, it needs to appear in court.