Legal subjectivity:
The employee cannot provide evidence related to the arbitration request that is controlled by the employer. The arbitral tribunal can require the employer to provide an application for an arbitration hearing within a specified period of time. Transcript application form. According to Article 28 of the Labor Dispute Mediation and Arbitration Law, the applicant applying for arbitration shall submit a written arbitration application and submit copies according to the number of respondents. The arbitration application shall specify the following matters: (1) The name, gender, age, occupation, work unit and residence of the employee, the name, residence of the employer and the name and position of the legal representative or principal responsible person; (2) The arbitration request and the facts and reasons on which it is based; (3) Evidence and sources of evidence, names and addresses of witnesses. If it is really difficult to write an arbitration application, you can apply orally, and the labor dispute arbitration committee will record it in the transcript and inform the other party. Article 39 stipulates that if the evidence provided by the parties is verified to be true, the arbitral tribunal shall use it as the basis for determining the facts. If the employee is unable to provide evidence related to the arbitration request that is controlled by the employer, the arbitral tribunal may require the employer to provide it within a specified time limit. If the employer fails to provide it within the specified period, it shall bear adverse consequences. Legal objectivity:
Article 39 of the "Arbitration Law" stipulates that arbitration shall be conducted in court. Court hearing is the main method of arbitration hearing. The so-called court hearing refers to the way in which a case is heard and an award is made in accordance with legal procedures under the auspices of the arbitral tribunal, with the participation of both parties and other arbitration participants. The Arbitration Law not only stipulates the principle of hearing in arbitration, but also stipulates in Article 40 that arbitration shall not be conducted in public. If the parties agree to make it public, it may be conducted in public, except where state secrets are involved. This provision further affirms the principle of non-public hearings in arbitration proceedings, with open hearings as an exception. The so-called closed trial means that the arbitral tribunal does not open to the public when hearing the case, and does not allow the public to observe, nor does it allow journalists to interview and report. The purpose of a closed trial is to protect the business secrets of the parties and maintain the business reputation of the parties. However, the most important feature of arbitration is respecting the wishes of the parties. Therefore, the Arbitration Law stipulates that if the parties agree to conduct a public hearing, the public hearing can be used as a supplement to the principle of non-public hearing. That is, if the parties agree that the arbitration trial will be open to the public, the public will be allowed to observe it, and journalists will be allowed to interview and report. However, if state secrets are involved, the parties' agreement is not allowed to be made public, and the trial must be conducted in a closed trial.