After labor disputes occur in labor relations, many parties will turn to the labor arbitration department for help. If it is still difficult to solve the labor dispute through labor arbitration, they can only bring a lawsuit. However, the application for litigation is not free, and the applicant needs to pay the corresponding fees according to the object of litigation or the type of litigation, and labor dispute litigation cases are no exception. So what is the standard of legal fees for labor dispute cases? Let's introduce the charging methods in Bian Xiao, hoping to help you.
I. Fees for labor dispute cases
1, the labor arbitration stage of labor dispute cases is free, and the litigation stage is only 10 yuan;
2. Article 53 of the Labor Dispute Mediation and Arbitration Law does not charge arbitration fees. The funds of the labor dispute arbitration commission shall be guaranteed by the finance.
3. Measures for Payment of Legal Fees (4) Payment of each labor dispute case 10 yuan.
Second, the payment standard of legal fees
1, acceptance fee standard
(1) Property cases shall be paid in installments according to the amount or price claimed in the lawsuit:
1) does not exceed 1 ten thousand yuan, and each piece shall be paid to 50 yuan;
2) The part exceeding 6,543,800 yuan to 6,543,800 yuan shall be paid according to;
3) 2% shall be paid for the part exceeding 654.38+10,000 yuan to 200,000 yuan;
4) The part exceeding RMB 200,000 to RMB 500,000 shall be paid according to the requirements;
5) The part exceeding 500,000 yuan to 6,543.8+0,000 yuan shall be paid by 654.38+0%;
6) The part exceeding 6,543,800 yuan to 2 million yuan shall be paid according to;
7) More than 2 million yuan to 5 million yuan, according to:
8) The part exceeding 5 million yuan to 6,543,800,000 yuan shall be paid according to;
9) The part exceeding 6,543,800+million yuan to 20 million yuan shall be paid according to the requirements;
10) for the part exceeding 20 million yuan.
(2) standards for non-property cases
1) Divorce cases range from 50 yuan to 300 yuan. Involving the division of property, the total amount of property does not exceed 200 thousand yuan, no need to pay separately; More than 200 thousand yuan according to the part.
2) 500 yuan shall pay 100 yuan for each case that infringes on the right of name, name, portrait, reputation and honor. Involving damages and the amount of compensation does not exceed 50 thousand yuan, no additional compensation; The part exceeding 50,000 yuan to 6,543,800 yuan shall be paid according to 654.38+ 0%; More than 654.38+ten thousand yuan.
3) 50 yuan to 100 yuan for other non-property cases.
(3) In civil cases of intellectual property rights, if there is no dispute about the amount or price, each piece of 500 yuan to 1 1,000 yuan; The disputed amount or price shall be paid according to the standard of property cases.
(4) Payment for each labor dispute case 10 yuan.
(5) Administrative cases shall be paid according to the following standards:
1) each trademark, patent and maritime administrative case 100 yuan;
2) Every 50 yuan for other administrative cases.
(6) If the parties object to the jurisdiction of the case, and the objection is not established, they shall pay 50 yuan to 100 yuan for each piece.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to local actual conditions, formulate specific payment standards within the scope specified in items (2), (3) and (6) of this article.
2. Application fee standard
(1) Those who apply to the people's court for the enforcement of legally effective judgments and rulings of the people's court, conciliation statements, rulings made by arbitration institutions according to law, conciliation statements and creditor's rights documents granted by notary organs according to law, and apply for the recognition and enforcement of judgments and rulings of foreign courts and rulings of foreign arbitration institutions, shall be paid according to the following standards:
1) If there is no execution amount or price, each piece ranges from 50 yuan to 500 yuan.
2) If the execution amount or price does not exceed 6,543,800 yuan, 50 yuan shall be paid for each piece; The part exceeding1100,000 yuan to 500,000 yuan shall be in accordance with; The part exceeding 500,000 yuan to 5 million yuan shall be paid according to 1%; For the part exceeding 5 million yuan to 6.5438+million yuan, press: for the part exceeding 6.5438+million yuan.
3. In accordance with the provisions of the fourth paragraph of Article 55 of the Civil Procedure Law, if the right holder who has not participated in the registration brings a lawsuit to the people's court, he shall pay the application fee in accordance with the standards stipulated in this item, and shall not pay the case acceptance fee.
(two) the application for preservation measures, according to the following standards to pay the actual amount of property preservation:
If the amount of property does not exceed 1 000 yuan or does not involve the amount of property, each piece shall be paid to 30 yuan; The part exceeding 1000 yuan to 654.38+10,000 yuan shall be paid according to 1%; More than 654.38+ten thousand yuan. However, the maximum expenses paid by the parties to apply for protective measures shall not exceed 5,000 yuan.
(3) If the payment order is applied according to law, it shall be paid according to the standard of property case acceptance fee 1/3.
(4) For those who apply for publicity according to law, 100 yuan per piece.
(5) Each application for revocation of the arbitral award or confirmation of the validity of the arbitration agreement shall be submitted to 400 yuan.
(6) Bankruptcy cases are calculated according to the total amount of bankruptcy property, and the acceptance fee for property cases is halved, but the maximum amount is not more than 300,000 yuan.
(7) The application fee for maritime cases shall be paid according to the following standards:
1) For the application for the establishment of a limitation fund for maritime claims, each piece shall be paid from 1000 yuan to 10000 yuan;
2) For the application for maritime injunction, each piece shall be paid 1000 yuan to 5,000 yuan;
3) For the application for maritime lien reminder, each piece shall be paid 1000 yuan to 5,000 yuan;
4) For the application for registration of maritime claims, 65,438+0,000 yuan shall be paid for each piece;
5) Apply for general average adjustment, and pay 65,438 yuan+0,000 yuan per piece.
If mediation is concluded or the parties apply for withdrawal of the lawsuit, the case acceptance fee will be charged by half.
For cases that are tried by summary procedure, the case acceptance fee shall be charged by half.
If an appeal is filed against a property case, the case acceptance fee shall be paid according to the amount of the appeal against the judgment of the first instance.
If the defendant files a counterclaim, and a third party with an independent claim files a claim related to this case, and the people's court decides to join the trial, it will pay the case acceptance fee by half respectively.
According to the provisions of Article 9 of these Measures, the retrial case that needs to pay the case acceptance fee shall pay the case acceptance fee according to the amount of the retrial request that refuses to accept the original judgment.
To sum up, the litigation costs of labor dispute cases cannot be charged according to the usual litigation costs. Under normal circumstances, the litigation cost of labor dispute cases is only about 10 yuan, and the maximum will not exceed 100 yuan. After accepting the application for labor dispute litigation, if the fees exceed the above provisions, the court, as a litigant, has the right to ask it to explain the excess, and if necessary, it can report to the relevant departments with a bill of fees.