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Labor arbitration procedure
Labor dispute cases must be applied to the Arbitration Commission, otherwise, the Arbitration Commission has no right to arbitrate.
According to the Labor Law, the party requesting arbitration shall submit a written application to the Labor Dispute Arbitration Committee within 60 days from the date of the labor dispute. If the parties fail to apply for arbitration within the prescribed time limit due to force majeure or other legitimate reasons, the Arbitration Commission shall accept it.
When a party applies to the Arbitration Commission for arbitration, it must submit a written application, which shall specify: the name, occupation, address and work unit of the complainant, the name and address of the enterprise, and the name and position of the legal representative; The situation of the respondent; Appeal request and factual basis; Qualification and agency authority of the entrusted agent; The date of condemnation, etc.
Review and acceptance
After receiving the application for arbitration, the office of the Arbitration Commission shall examine the following matters: whether the complainant has a direct interest in the case; Whether the dispute applying for arbitration is a labor dispute; Whether the labor dispute applying for arbitration falls within the scope of acceptance of the Arbitration Commission; Whether the labor dispute falls within the jurisdiction of this Arbitration Commission; Whether the complaints and related materials are complete and meet the requirements; Whether the appeal time meets the requirements of applying for arbitration, etc. If the complaint materials are incomplete or the relevant information is unclear, the complainant shall be informed to supplement.
To meet the acceptance conditions, the office of the Arbitration Commission shall fill in the Approval Form for Filing a Case, and the person in charge of the Arbitration Commission or its office shall approve and make a decision within 7 days. If it decides to file a case, it shall notify the complainant within the day when the decision is made, send a copy of the complaint to the respondent, and inform him to submit the defense and evidence within 15 days. If it decides not to file a case, it shall make a notice of not filing a case within 7 days from the date of making the decision and serve it on the complainant.
References:
Labor Arbitration Procedure-Baidu Encyclopedia
Shanghai Human Resources and Social Security Bureau, the city's labor and personnel dispute arbitration institution.