The ways to apply for labor arbitration are as follows:
1, the parties must submit a written application to the arbitration commission for arbitration;
2. The Arbitration Commission shall, within five days from the date of receiving the application for arbitration, make a decision on whether to accept it or not;
3. If the Arbitration Commission decides to accept the case, it shall serve a copy of the complaint on the respondent within five days from the date of making the decision; If it decides not to accept it, it shall explain the reasons;
4. The arbitration tribunal shall notify both parties in writing of the date and place of the hearing five days before the hearing. If the arbitration tribunal refuses to appear in court without justifiable reasons or withdraws in the middle without the consent of the arbitration tribunal, the applicant will automatically withdraw the lawsuit, and the respondent may make a default ruling;
5. When handling labor disputes, the arbitration tribunal shall mediate first, and on the basis of finding out the facts, urge both parties to reach an agreement voluntarily;
6. If an agreement is reached through mediation, the arbitration tribunal shall make a conciliation statement according to the contents of the agreement, and the conciliation statement shall become legally effective from the date of service. If no agreement is reached through mediation, the arbitration tribunal shall make an award in time.
The conditions for applying for labor arbitration are as follows:
1. The applicant for arbitration shall be a party to the labor dispute;
2. The matters that the parties apply for arbitration are labor disputes related to labor rights and obligations;
3. The parties shall apply for arbitration within one year from the date when they know or should know that their rights have been infringed;
4. The parties shall apply to the labor dispute arbitration committee with jurisdiction for arbitration.
To sum up, workers who encounter labor disputes can apply to the relevant departments for labor arbitration and submit the corresponding evidence materials. Relevant departments will investigate the employer and make reasonable disposal.
Legal basis:
Article 5 of People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law
In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to a mediation organization for mediation; Unwilling to mediate, failing to mediate or failing to perform after reaching a mediation agreement, you may apply to the Labor Dispute Arbitration Committee for arbitration; Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court unless otherwise stipulated in this Law.