Labor disputes to the labor bureau or to the Arbitration Center
Publish: 2021-04-27 08:12:40
1. Labor arbitration is in the labor arbitration commission, not the labor bureau or the court
the labor dispute arbitration commission shall perform its ties in accordance with the law: appointing and dismissing full-time or part-time arbitrators, accepting labor dispute cases, discussing major or difficult labor dispute cases, and supervising arbitration activities<
labor dispute mediation and Arbitration Law
Article 2 this Law shall apply to the following labor disputes between employers and employees within the territory of 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.
the labor dispute arbitration commission shall perform its ties in accordance with the law: appointing and dismissing full-time or part-time arbitrators, accepting labor dispute cases, discussing major or difficult labor dispute cases, and supervising arbitration activities<
labor dispute mediation and Arbitration Law
Article 2 this Law shall apply to the following labor disputes between employers and employees within the territory of 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.
2. 1、 The accepting organ is different. The accepting unit of applying for labor arbitration is the labor arbitration committee, while the accepting unit of complaint is generally the labor supervision team
Second, different proceres, labor arbitration is equivalent to a judicial decision, and after the complaint is accepted, the labor administrative unit intervenes in handling, which is an administrative act.
Second, different proceres, labor arbitration is equivalent to a judicial decision, and after the complaint is accepted, the labor administrative unit intervenes in handling, which is an administrative act.
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4. In case of labor dispute, it is the labor arbitration committee of the labor bureau
the labor arbitration commission is under the jurisdiction of the labor bureau
the labor dispute arbitration committee is composed of representatives from labor administrative departments, trade unions at the same level and employers. The chairman of the labor dispute arbitration commission shall be the representative of the labor administrative department.
the labor arbitration commission is under the jurisdiction of the labor bureau
the labor dispute arbitration committee is composed of representatives from labor administrative departments, trade unions at the same level and employers. The chairman of the labor dispute arbitration commission shall be the representative of the labor administrative department.
5. If an employer refuses to pay or fails to pay wages, it can complain to the labor supervision department, apply for arbitration of labor disputes, and apply to the people's court for a payment order if it has an IOU. 1、 If there is an IOU, it may directly apply to the people's court for an order of payment. 2、 If a complaint is made to the labor supervisor, the labor supervisor shall order the payment to be made within a time limit; If it fails to pay within the time limit, it shall be ordered to pay 50-100% of the amount in arrears. Advantages: simple way; Disadvantages: local law enforcement may not be very strong. 3、 Apply for arbitration to the labor dispute arbitration committee in the place where the employer is domiciled or where the labor contract is performed. Advantages: in addition to wages, compensation can also be claimed, and generally can be finally solved; Disadvantages: more proceres, need professional guidance, in case of employer malicious litigation, time is longer. As some provinces and cities do not support the payment of compensation without the deadline of labor supervision, it is suggested to complain to the labor supervision first, and those who do not pay within the deadline should apply for labor dispute arbitration Article 50 of the labor law of the people's Republic of China, wages shall be paid to the laborer on a monthly basis in the form of currency. The wages of labourers shall not be dected or delayed without reason. Article 7 of the Interim Provisions on wage payment issued by the Ministry of labor stipulates that wages must be paid on the date agreed by the employer and the employee. In case of holidays or rest days, payment shall be made in advance on the nearest working day. Wages shall be paid at least once a month. If the weekly, daily and hourly wage system is implemented, wages can be paid weekly, daily and hourly Article 85 under any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employee fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at a rate of not less than 50% but not more than 100% of the amount payable: (1) failing to pay the employee's labor remuneration in full and on time in accordance with the provisions of the labor contract or the provisions of the state 2 Paying workers' wages below the local minimum wage standard 3 Arranging overtime work without paying overtime pay 4 Rescinding or terminating a labor contract without paying economic compensation to the laborer in accordance with these regulations Article 9 of the labor dispute arbitration and Mediation Law of the people's Republic of China, if an employing unit, in violation of state regulations, defaults or fails to pay labor remuneration in full, or defaults on medical expenses, economic compensation or compensation for work-related injuries, the laborer may lodge a complaint with the labor administrative department, which shall deal with it in accordance with the law. Article 16 If a mediation agreement is reached for the payment of overe labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, and the employer fails to perform the agreement within the time limit specified in the agreement, the laborer may, on the strength of the mediation agreement, apply to the people's court for a payment order according to law. The people's court shall issue an order of payment according to law. Article 51 The parties shall perform the legally effective conciliation statement and 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. 1 The Labor Supervision Brigade under the human resources and Social Security Bureau of Fushun City will accept complaints from workers about labor disputes<
[2] Fushun City has a labor dispute arbitration committee, which is an independent department, composed of representatives of labor administrative department, trade union and enterprise
it is not the same department as the human resources and Social Security Bureau. It is an independent department dealing with labor disputes
[3] according to Article 53 of the labor dispute mediation and arbitration law, there is no charge for labor dispute arbitration. The expenses of the labor dispute arbitration commission shall be guaranteed by finance
[4] the name of the Labor Bureau has long been gone, but now it is the human resources and Social Security Bureau.
[2] Fushun City has a labor dispute arbitration committee, which is an independent department, composed of representatives of labor administrative department, trade union and enterprise
it is not the same department as the human resources and Social Security Bureau. It is an independent department dealing with labor disputes
[3] according to Article 53 of the labor dispute mediation and arbitration law, there is no charge for labor dispute arbitration. The expenses of the labor dispute arbitration commission shall be guaranteed by finance
[4] the name of the Labor Bureau has long been gone, but now it is the human resources and Social Security Bureau.
7. Article 4 in case of a labor dispute, the employee can negotiate with the employer, or ask the labor 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 6 in case of a labor dispute, the parties concerned shall be responsible for providing evidence for their own claims. If the evidence related to the disputed matters is under the control and management of the employer, the employer shall provide it; If the employer fails to provide the information, it shall bear the adverse consequences
Article 7 if there are more than ten workers in a labor dispute and they have a common request, they can elect representatives to participate in mediation, arbitration or litigation activities< Article 8 the labor administrative department of the people's government at or above the county level shall establish a tripartite mechanism for coordinating labor relations with representatives of trade unions and enterprises, so as to jointly study and solve major issues of labor disputes
Article 9 If an employing unit, in violation of state regulations, defaults or fails to pay labor remuneration in full, or defaults on medical expenses, economic compensation or compensation for work-related injury, the employee may complain to the labor administrative department, which shall deal with it in accordance with the law
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 6 in case of a labor dispute, the parties concerned shall be responsible for providing evidence for their own claims. If the evidence related to the disputed matters is under the control and management of the employer, the employer shall provide it; If the employer fails to provide the information, it shall bear the adverse consequences
Article 7 if there are more than ten workers in a labor dispute and they have a common request, they can elect representatives to participate in mediation, arbitration or litigation activities< Article 8 the labor administrative department of the people's government at or above the county level shall establish a tripartite mechanism for coordinating labor relations with representatives of trade unions and enterprises, so as to jointly study and solve major issues of labor disputes
Article 9 If an employing unit, in violation of state regulations, defaults or fails to pay labor remuneration in full, or defaults on medical expenses, economic compensation or compensation for work-related injury, the employee may complain to the labor administrative department, which shall deal with it in accordance with the law
8. Labor arbitration needs to apply to the labor arbitration committee of the place where the employer is located< According to Article 21 of the labor dispute mediation and Arbitration Law of the people's Republic of China, the labor dispute arbitration commission is responsible for the jurisdiction of labor disputes in its own region
labor disputes are under the jurisdiction of the labor dispute arbitration commission in the place where the labor contract is performed or where the employer is located. If both parties apply for arbitration to the labor dispute arbitration commission in the place where the labor contract is performed and the place where the employer is located, the labor dispute arbitration commission in the place where the labor contract is performed shall have jurisdiction.
labor disputes are under the jurisdiction of the labor dispute arbitration commission in the place where the labor contract is performed or where the employer is located. If both parties apply for arbitration to the labor dispute arbitration commission in the place where the labor contract is performed and the place where the employer is located, the labor dispute arbitration commission in the place where the labor contract is performed shall have jurisdiction.
9. It's one, not quite one
the labor arbitration commission is under the jurisdiction of the labor bureau<
the main responsibilities of the Labor Bureau
implement the national and provincial labor policies, laws and regulations, and organize the implementation of the labor development plan and annual plan formulated by the city. Comprehensively manage the employment of urban and rural labor force, mobile employment and foreign-related employment within the jurisdiction; Vocational skills training, vocational skills assessment and appraisal within the jurisdiction of comprehensive management; We should implement the labor preparation system and the vocational qualification certificate system. Comprehensively manage the labor relations coordination of various enterprises within the jurisdiction, and be responsible for the labor contract authentication, labor dispute settlement and labor dispute arbitration of enterprises within the jurisdiction; To exercise the right of labor administrative supervision and inspection in accordance with the law, supervise and inspect the implementation of labor laws and regulations of enterprises within the jurisdiction, organize the investigation and handling of labor law breaking cases, and deal with Group Emergencies in labor relations; To be responsible for labor petition work; To be responsible for labor law popularization. Comprehensive management of labor and Employment Service Center; To undertake other tasks assigned by the labor bureau
the labor dispute arbitration committee is composed of representatives from labor administrative departments, trade unions at the same level and employers. The chairman of the labor dispute arbitration commission shall be the representative of the labor administrative department.
the labor arbitration commission is under the jurisdiction of the labor bureau<
the main responsibilities of the Labor Bureau
implement the national and provincial labor policies, laws and regulations, and organize the implementation of the labor development plan and annual plan formulated by the city. Comprehensively manage the employment of urban and rural labor force, mobile employment and foreign-related employment within the jurisdiction; Vocational skills training, vocational skills assessment and appraisal within the jurisdiction of comprehensive management; We should implement the labor preparation system and the vocational qualification certificate system. Comprehensively manage the labor relations coordination of various enterprises within the jurisdiction, and be responsible for the labor contract authentication, labor dispute settlement and labor dispute arbitration of enterprises within the jurisdiction; To exercise the right of labor administrative supervision and inspection in accordance with the law, supervise and inspect the implementation of labor laws and regulations of enterprises within the jurisdiction, organize the investigation and handling of labor law breaking cases, and deal with Group Emergencies in labor relations; To be responsible for labor petition work; To be responsible for labor law popularization. Comprehensive management of labor and Employment Service Center; To undertake other tasks assigned by the labor bureau
the labor dispute arbitration committee is composed of representatives from labor administrative departments, trade unions at the same level and employers. The chairman of the labor dispute arbitration commission shall be the representative of the labor administrative department.
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