Labor dispute: 1, seek mediation from the Committee; 2. If mediation fails, find the local labor arbitration committee to analyze the case and make arbitration; 3. If both parties refuse to accept or disagree with the labor arbitration, they may bring a labor dispute lawsuit to the local people's court. Labor dispute refers to the dispute related to labor rights and obligations between the two parties in labor relations. According to the relevant provisions of China's labor law, labor disputes include the following types: labor contract disputes, labor insurance disputes, collective labor contract disputes, work-related injury insurance treatment disputes, and disputes about canceling contracts and paying economic compensation. Self-reconciliation through negotiation is the first way for the parties to try to solve the dispute. Of course, the settlement through consultation is based on the willingness of both parties. Unwilling to negotiate or failing to do so, the parties may choose mediation or arbitration procedures.
Legal basis:
Article 80 of the Labor Law of People's Republic of China (PRC), the employing unit may set up a labor dispute mediation committee to mediate the labor disputes of the unit. The members of the mediation committee are composed of unit representatives, employee representatives and trade union representatives. Generally speaking, they have the policy level and practical working ability, and knowing the specific situation of their own units is conducive to solving disputes. Except for disputes arising from the signing and performance of collective contracts, they may be mediated by the labor dispute mediation committee of this enterprise. However, like the negotiation procedure, the mediation procedure is also voluntarily chosen by the parties, and the mediation agreement is not enforceable. If one party goes back on its word, it can also apply to an arbitration institution for arbitration.
Derivative problem:
What is the procedure for handling land ownership disputes?
1, negotiation. Disputes arising from land use rights can be settled through consultation; 2. Mediation. The parties may settle disputes through mediation; 3. arbitration. If the parties are unwilling to negotiate or mediate, or if negotiation or mediation fails, they may apply to an arbitration institution with jurisdiction for arbitration; 4. litigation. Bring a lawsuit directly to the people's court according to the contents of the dispute.