Current location - Education and Training Encyclopedia - Educational Knowledge - Process of applying for labor arbitration in Li Zhe office
Process of applying for labor arbitration in Li Zhe office
Legal subjectivity:

If the employee fails to resign according to the normal resignation procedure, and the employer has evidence to prove that the employee's resignation has caused certain losses to the employer, the employer may apply for labor arbitration and require the employee to make certain compensation. How to apply for labor arbitration: 1. Apply for labor arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau (formerly the Labor Bureau). When filing a case, you must bring: two arbitration applications and a copy of the applicant's ID card 1 copy; Copies of relevant evidence and 2 copies of evidence list; Industrial and commercial registration information of the employer (registration information is not required in Beijing). 2. After submitting the materials, the Arbitration Commission shall file a case within 5 working days, and then give both parties a period of proof and a period of defense; Then the court will open, and then mediate between you two. If mediation fails, the Arbitration Commission shall issue an award. Labor arbitration shall be closed within 60 days; If the employee refuses to accept the ruling, he can bring a lawsuit to the court; 3. During the application for labor arbitration, the laborer shall not delay to work in the new unit. Article 90 of the Labor Contract Law of People's Republic of China (PRC), if a laborer terminates the labor contract in violation of the provisions of this law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, thus causing losses to the employer, he shall be liable for compensation. "Provisional Regulations on Wage Payment" Article 16 If a laborer causes economic losses to the employing unit due to his own reasons, the employing unit may require him to compensate the economic losses according to the stipulations of the labor contract. Compensation for economic losses can be deducted from the employee's own salary. However, the monthly deduction shall not exceed 20% of the employee's monthly salary. If the deducted surplus wage is lower than the local monthly minimum wage, it shall be paid according to the minimum wage.

Legal objectivity:

Article 21 of the Law of People's Republic of China (PRC) on Mediation and Arbitration of Labor Disputes shall be responsible for the labor disputes within its jurisdiction. Labor disputes shall be under the jurisdiction of the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located. Where both parties apply for arbitration to the labor dispute arbitration committee in the place where the labor contract is performed and the place where the employer is located, it shall be under the jurisdiction of the labor dispute arbitration committee in the place where the labor contract is performed. Article 50 of the Labor Dispute Mediation and Arbitration Law of People's Republic of China (PRC), if a party refuses to accept the arbitration award of other labor dispute cases other than those stipulated in Article 47 of this Law, he 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.