According to Article 2 of China's Labor Dispute Mediation and Arbitration Law, the scope of labor disputes is:
(1) Disputes arising from the confirmation of labor relations;
(2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts;
(3) Disputes arising from delisting, dismissal, resignation or resignation;
(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;
(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;
(six) disputes between workers and employers in the process of performing labor contracts;
(7) Disputes arising after the laborer and the employing unit have not concluded a written labor contract, but have formed a labor relationship;
(eight) after retirement, due to the recourse of social insurance such as pension, medical expenses, work injury insurance benefits and other disputes with the original employer who has not yet participated in social insurance co-ordination;
(nine) other labor disputes as prescribed by laws and regulations.
Extended data:
Labor dispute arbitration:
Arbitration usually goes through several stages:
(1) Case acceptance stage. This stage includes two tasks: first, the parties submit a written arbitration application to the labor dispute arbitration Committee within the prescribed time limit; The second is case acceptance. After receiving the application for arbitration, the Arbitration Commission shall make a decision on whether or not to accept it within a certain period of time.
(2) Investigation and evidence collection stage. The purpose of investigation and evidence collection is to collect relevant evidence and materials, understand the implementation of disputes, and prepare for the next mediation or ruling. The investigation and evidence collection work includes writing an investigation outline, conducting targeted investigation and evidence collection according to the investigation outline, and verifying the investigation results and relevant evidence.
(3) Mediation stage. On the basis of finding out the facts, the arbitration tribunal should first do a good job in mediation and try to urge the parties to reach an agreement voluntarily. The arbitration tribunal that has reached an agreement shall also make an arbitration conciliation statement.
(4) the adjudication stage. Before the arbitration mediation is served, if the mediation by the arbitration tribunal is invalid or the parties go back on their word and the mediation is invalid, the labor dispute settlement will enter the adjudication stage. The award of the arbitration tribunal shall be made by convening an arbitration meeting. Generally, it needs to go through the process of court investigation, debate and presentation by both parties. Finally, the arbitrator will fully negotiate the disputed facts and make a ruling according to the principle that the minority is subordinate to the majority. After the arbitration tribunal makes an award, it shall make a conciliation statement. If a party refuses to accept the ruling, he may bring a lawsuit to the court within the specified time.
(5) the implementation stage of mediation or award. The arbitration conciliation statement shall take effect as of the date it is served on the parties; The arbitral award shall take effect after the expiration of the statutory prosecution period. After the conciliation statement or award comes into effect, both parties shall consciously perform it.
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