If you want a salary, go to the mediation center after filing a
Publish: 2021-05-06 01:58:11
1. I have been in contact with labor arbitration, and my own experience may not be very detailed, but as far as I know, if you accept the mediation in labor arbitration, and the unit does not operate according to the mediation content, you will not be able to accept the labor arbitration again, and the labor arbitration can only be concted once. If you want to get your rights and interests, you have to go to court
at that time, there were several labor arbitrators in our unit. I knew that the longest time was about two years. Finally, I went to the court for trial. My own labor arbitration time was one year. Although the law had enforcement time, the real operation was not to solve the problem on time as the legal basis, but the arbitration bureau first gave feedback to the unit, If the unit delays for a longer time, it has nothing to do with the labor arbitration office. So if you want to solve it quickly, you must always keep an eye on the arbitration Bureau and let the arbitration contact your unit. At the same time, we should be prepared for long-term struggle
later, I learned that the number of labor arbitrations in each city was suppressed. For example, last year, there were 15 labor arbitrations in the whole city, so it was impossible to double this year. If the number of labor arbitrations doubled, it would belong to their arbitration Bureau, which had a bad performance in that year. So when I went to labor arbitration, their staff were making peace all the time. Of course, this is not only for indivials, but also for units. I guess it has something to do with what you said before and after filing a case
that's all I know. I hope it can help you and you can succeed in arbitration.
at that time, there were several labor arbitrators in our unit. I knew that the longest time was about two years. Finally, I went to the court for trial. My own labor arbitration time was one year. Although the law had enforcement time, the real operation was not to solve the problem on time as the legal basis, but the arbitration bureau first gave feedback to the unit, If the unit delays for a longer time, it has nothing to do with the labor arbitration office. So if you want to solve it quickly, you must always keep an eye on the arbitration Bureau and let the arbitration contact your unit. At the same time, we should be prepared for long-term struggle
later, I learned that the number of labor arbitrations in each city was suppressed. For example, last year, there were 15 labor arbitrations in the whole city, so it was impossible to double this year. If the number of labor arbitrations doubled, it would belong to their arbitration Bureau, which had a bad performance in that year. So when I went to labor arbitration, their staff were making peace all the time. Of course, this is not only for indivials, but also for units. I guess it has something to do with what you said before and after filing a case
that's all I know. I hope it can help you and you can succeed in arbitration.
2. Then you need to consult the local court why not force him to issue a ruling not to file a case. If he still doesn't come out, he can entrust a lawyer to deal with it.
3. In this case, you can go to the relevant competent departments to consult, see how far you have dealt with it, or directly consult the public service hotline 12345, and there will be a corresponding reply
4. If the labor bureau issues a notice and the company does not implement it, it can directly apply to the court for arbitration
collect and submit evidence materials. If the copies of the notice issued by the labor bureau and the documents sent by mail can be found, it may be very favorable evidence
collect and submit evidence materials. If the copies of the notice issued by the labor bureau and the documents sent by mail can be found, it may be very favorable evidence
5. The employer shall not dect or default on the wages of the workers without any reason. If the employer has the behavior of withholding or defaulting wages, the workers can complain and report to the labor and social security department (Labor Supervision Brigade); They can also apply to the labor dispute arbitration commission for labor arbitration. After the arbitration award comes into effect, they can apply to the people's court for compulsory enforcement
legal basis:
Article 50 of the labor law stipulates that wages shall be paid to the laborer monthly in the form of currency. The wages of labourers shall not be dected or delayed without reason
Article 10 of the regulations on labor and social security supervision, the labor and social security administrative department implements labor and social security supervision and performs the following ties:
(1) publicize labor and social security laws, regulations and rules, and urge the employer to implement them
(2) check the employer's compliance with labor and social security laws, regulations and rules
(3) to accept the reports and complaints of violations of labor and social security laws, regulations or rules
(4) correct, investigate and deal with violations of labor and social security laws, regulations or rules in accordance with the law< Article 2 this Law shall apply to the following labor disputes between employers and employees in the people's Republic of China:
(1) disputes arising from the confirmation of labor relations< (2) disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts
(3) disputes arising from delisting, dismissal, resignation and resignation< (4) disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection
(5) disputes over labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc< (6) other labor disputes stipulated by laws and regulations
Article 4 in case of a labor dispute, the employee can negotiate with the employer, or ask the trade union or a third party to negotiate with the employer to reach a settlement agreement
Article 5 in the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they can apply to the mediation organization for mediation; Those who are unwilling to mediate, fail to mediate or fail to perform after reaching a mediation agreement may apply to the labor dispute arbitration commission for arbitration; Those who are not satisfied with the arbitration award may, unless otherwise provided for in this law, bring a suit in a people's court
Article 51 The parties shall perform a legally effective conciliation statement or award within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for enforcement in accordance with the relevant provisions of the civil procere law. The people's court that accepts the application shall execute it according to law.
legal basis:
Article 50 of the labor law stipulates that wages shall be paid to the laborer monthly in the form of currency. The wages of labourers shall not be dected or delayed without reason
Article 10 of the regulations on labor and social security supervision, the labor and social security administrative department implements labor and social security supervision and performs the following ties:
(1) publicize labor and social security laws, regulations and rules, and urge the employer to implement them
(2) check the employer's compliance with labor and social security laws, regulations and rules
(3) to accept the reports and complaints of violations of labor and social security laws, regulations or rules
(4) correct, investigate and deal with violations of labor and social security laws, regulations or rules in accordance with the law< Article 2 this Law shall apply to the following labor disputes between employers and employees in the people's Republic of China:
(1) disputes arising from the confirmation of labor relations< (2) disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts
(3) disputes arising from delisting, dismissal, resignation and resignation< (4) disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection
(5) disputes over labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc< (6) other labor disputes stipulated by laws and regulations
Article 4 in case of a labor dispute, the employee can negotiate with the employer, or ask the trade union or a third party to negotiate with the employer to reach a settlement agreement
Article 5 in the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they can apply to the mediation organization for mediation; Those who are unwilling to mediate, fail to mediate or fail to perform after reaching a mediation agreement may apply to the labor dispute arbitration commission for arbitration; Those who are not satisfied with the arbitration award may, unless otherwise provided for in this law, bring a suit in a people's court
Article 51 The parties shall perform a legally effective conciliation statement or award within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for enforcement in accordance with the relevant provisions of the civil procere law. The people's court that accepts the application shall execute it according to law.
6. If you have the evidence and the facts are clear, you can get it back after filing the case
contact the supervision team of the Labor Bureau (that is, the Department where you file the case). Most of their work is serious and responsible. They can communicate with them more, follow up the case, and communicate and negotiate with the employer according to the guidance. If it can't be finished within the time specified by them, they will suggest you file a lawsuit with the labor arbitration department.
contact the supervision team of the Labor Bureau (that is, the Department where you file the case). Most of their work is serious and responsible. They can communicate with them more, follow up the case, and communicate and negotiate with the employer according to the guidance. If it can't be finished within the time specified by them, they will suggest you file a lawsuit with the labor arbitration department.
7. It is possible that they have been bribed. That's why they told you. Or your salary.
8. Yes, but within the time limit of adcing evidence, the arbitration procere should not be submitted to the court, which is stricter than the court. A written application for change of arbitration request should be submitted. In addition, economic compensation within working years, paid annual leave, etc. can be claimed together to deal with all kinds of employment.
Hot content