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Changchun labor arbitration
Matters needing attention in labor arbitration in Changchun are as follows: Apply 1. The limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed. Two, the labor dispute arbitration commission shall, within five days from the date of receiving the application for arbitration, put the materials submitted for the record, and shall accept and notify the applicant if it considers that it meets the acceptance conditions; If it does not meet the acceptance conditions, it shall notify the applicant in writing that it will not be accepted and explain the reasons. If the labor dispute arbitration commission refuses to accept or fails to make a decision within the time limit, the applicant may bring a lawsuit to the people's court on the labor dispute. After accepting the application for arbitration, the labor dispute arbitration commission shall deliver a copy of the application for arbitration to the respondent within five days. After receiving a copy of the arbitration application, the respondent shall submit a written reply to the labor dispute arbitration committee within ten days. After receiving the defense, the labor dispute arbitration commission shall deliver a copy of the defense to the applicant within five days. The failure of the respondent to submit the written defense shall not affect the arbitration proceedings. The labor dispute arbitration commission that refuses to accept the application shall, within five days from the date of receiving the application for arbitration, accept it if it considers that it meets the acceptance conditions and notify the applicant; If it does not meet the acceptance conditions, it shall notify the applicant in writing that it will not be accepted and explain the reasons. If the labor dispute arbitration commission refuses to accept or fails to make a decision within the time limit, the applicant may bring a lawsuit to the people's court on the labor dispute. Pretrial mediation 1. Before making an award, the arbitration tribunal shall conduct mediation first. If an agreement is reached through mediation, the arbitration tribunal shall make a conciliation statement. 2. The conciliation statement shall specify the arbitration request and the result of the agreement between the two parties. The conciliation statement shall be signed by the arbitrator, stamped with the seal of the Labor Dispute Arbitration Commission and served on both parties. The conciliation statement shall have legal effect after it is signed by both parties. 3. If mediation fails or one party reneges before the mediation is served, the arbitration tribunal shall make an award in time. 1. Composition of the arbitral tribunal: The arbitral tribunal consists of three arbitrators and one presiding arbitrator. Simple labor dispute cases can be arbitrated by an arbitrator alone. Two, the labor dispute arbitration commission shall notify the parties in writing of the composition of the arbitration tribunal within five days from the date of accepting the application for arbitration. 3. Avoid 1. The reason for withdrawal (1) is the close relatives of the parties or the parties or agents in this case; (2) Having an interest in the case; (3) Having other relations with the parties or agents in this case, which may affect impartiality; (four) to meet the parties or agents in private, or to accept the guests and gifts from the parties or agents. 4. The arbitration tribunal that postponed the hearing shall notify both parties in writing of the date and place of the hearing five days before the hearing. If the parties have justified reasons, they may request an extension of the hearing three days before the hearing. The extension or not shall be decided by the labor dispute arbitration commission. V. Appraisal If the arbitration tribunal considers it necessary to appraise specialized issues, it may submit them to an appraisal institution agreed by the parties for appraisal; If the parties fail to reach an agreement or an agreement cannot be reached, it shall be appraised by an appraisal institution designated by the arbitration tribunal. 6. Withdrawal 1. If the applicant refuses to appear in court without justifiable reasons after receiving the written notice or withdraws from court without the consent of the arbitration tribunal, it may be regarded as withdrawing the arbitration application. 2. Reconciliation and withdrawal. Seven. The arbitration tribunal shall conclude the labor dispute case within 45 days from the date when the labor dispute arbitration committee accepts the arbitration application. If the case is complicated and needs to be postponed, it may be postponed with the approval of the chairman of the labor dispute arbitration commission, and the parties concerned shall be notified in writing, but the extension period shall not exceed fifteen days. If the arbitration award is not made within the time limit, the parties may bring a lawsuit to the people's court on the labor dispute. VIII. First execution of 1, provided that the case of recourse for labor remuneration, medical expenses for work-related injuries, economic compensation or compensation; The rights and obligations between the parties are clear; Failure to implement it first will seriously affect the life of the applicant. 2. Make a ruling on the application for early execution. 1. The time limit for the arbitration tribunal to hear labor dispute cases ends within 45 days from the date when the labor dispute arbitration commission accepts the arbitration application. If the case is complicated and needs to be postponed, it may be postponed with the approval of the chairman of the labor dispute arbitration commission, and the parties concerned shall be notified in writing, but the extension period shall not exceed fifteen days. If the arbitration award is not made within the time limit, the parties may bring a lawsuit to the people's court on the labor dispute. When the arbitration tribunal hears a labor dispute case, some facts are already clear, and it can make an award on that part first. Second, execute the ruling first. The arbitration tribunal may, at the request of the parties, execute the award first and transfer it to the people's court for execution. If the arbitral tribunal's award is executed first, it shall meet the following conditions: (1) the rights and obligations of the parties are clear; (2) Failure to implement it first will seriously affect the life of the applicant. If the laborer applies for prior execution, he may not provide guarantee. 3. Unless otherwise provided by law, the arbitral award is final, and the award has legal effect from the date it is made: (1) disputes over labor remuneration, medical expenses for work-related injuries, economic compensation or compensation not exceeding the local minimum monthly wage 12 months; (two) disputes arising from the implementation of national labor standards in terms of working hours, rest and vacation, social insurance, etc. 1. materials 1, the original application for enforcement of an effective labor arbitration award, indicating the basis and reasons for enforcement, the content of the application for enforcement, and the property clues of the person subjected to enforcement, which shall be confirmed by the applicant's signature or seal; 2. If the applicant is a worker, provide a copy of the applicant's ID card and a copy of the respondent's industrial and commercial registration information; If the applicant is an employer, a copy of the applicant's business license and the original identity certificate of the legal representative shall be provided. 3. One original of the effective arbitration award issued by the Arbitration Commission and one original of the service receipt; 4. Original power of attorney for entrusting others 1 copy, and copy of citizen's agent ID card 1 copy; If the agent is a lawyer, submit the original letter of introduction from the law firm and a copy of the lawyer's practice certificate. Revocation of the ruling and prosecution. Revocation of the award (1) If the employer has evidence to prove any of the following circumstances, it may apply to the Intermediate People's Court where the labor dispute arbitration commission is located within 30 days from the date of receiving the arbitration award: 1 The application of laws and regulations is indeed wrong; 2. The labor dispute arbitration commission has no jurisdiction; 3, in violation of legal procedures; 4. The evidence on which the award is based is forged; 5. The other party has concealed enough evidence to affect judicial justice; 6, the arbitrator in the arbitration case, bribery, favoritism, perverting the law. The people's court shall form a collegial panel to examine and verify, and if it considers that the ruling is under any of the circumstances specified in the preceding paragraph, it shall make a ruling to revoke it. If the arbitral award is revoked by the people's court, the parties may bring a lawsuit to the people's court within 15 days from the date of receiving the award. 2. If a party refuses to accept the arbitration award of other labor dispute cases other than those stipulated in Article 47 of the Labor Dispute Mediation and Arbitration Law, it may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award; If no prosecution is brought at the expiration of the time limit, the ruling will take legal effect.