Labor arbitration refers to the arbitration and adjudication of labor disputes applied for arbitration by the labor dispute arbitration committee. In China, labor arbitration is a necessary procedure for the parties to a labor dispute to bring a lawsuit to the people's court. According to the Labor Dispute Mediation and Arbitration Law, the parties who initiate labor arbitration shall submit a written application to the Labor Dispute Arbitration Committee within one year from the date of the labor dispute. Unless the parties are due to force majeure or other legitimate reasons, the Arbitration Commission will not accept the application for arbitration beyond the time limit prescribed by law.
The materials needed for labor arbitration can be divided into three categories: different people need different materials to apply for labor arbitration:
1. If the complainant is an employee, please submit the following materials: (1) labor dispute arbitration appeal registration form; (2) Complaint (explain in detail the reasons and requirements of the complaint in duplicate or fill in according to the number of defendants); (3) the identity certificate and a copy of the complainant; (4) 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; (5) Information of defendant industrial and commercial registration; (6) Proof of the existence of labor relations between the complainant and the defendant; (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 submitting the certification materials, the complainant shall attach one original and one copy, and the original shall be returned after examination; (seven) the list of evidence materials submitted in duplicate;
The second category. If the complainant is involved in a collective dispute, please submit the following materials: In addition to the first-class (1) to (7) materials, the complainant shall recommend three to five employee representatives, and submit 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 complainant shall also submit the list of employees who are owed wages by the employer and the balance table of unpaid wages.
Category III: If the complainant is an employer, please submit the following materials: (1) A copy of the defendant's identity certificate; (2) Proof of the existence of labor relations between the complainant and the defendant (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).