Today, I went to the Human Resources and Social Security Bureau to apply for arbitration on the company's illegal layoff case, and I have submitted an application and are waiting for a week to notify whether it will be accepted.
The status of the acceptance and the details of the referee will be followed up here.
If you are troubled by similar problems, pay attention to the message and know everything.
The following is the content of the "Risk Notice for Arbitration of Labor and Personnel Disputes" given by the arbitration commission, and you can take a look at the risk before starting a war with the company.
Risk Notification for Arbitration of Labor and Personnel Disputes.
In order to help the parties correctly apply for arbitration of labor and personnel disputes and avoid common arbitration risks, in accordance with the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, the Contract Law of the People's Republic of China, the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration, the Regulations for the Implementation of the Labor Contract Law, the Rules for Handling Labor and Personnel Disputes and other laws and regulations, the risks and consequences that may exist or arise in the arbitration and hearing of labor and personnel dispute cases are notified as follows:
1. Risk of exceeding the statute of limitations. The parties shall apply in writing to the labor and personnel dispute arbitration commission with jurisdiction for arbitration within one year from the date on which they know or should know that their rights have been infringed. If the application for arbitration exceeds the one-year statute of limitations, the Labor and Personnel Dispute Arbitration Commission will not accept it.
II. The Risk of Improper Subject of Arbitration. The applicant must be a natural person, legal person or other organization that has a direct interest in the case, and there is a clear respondent. If the subject is improper, the Labor and Personnel Dispute Arbitration Commission will not accept it.
3. Risk of improper request for arbitration. When the parties apply for arbitration, they shall apply for arbitration on the basis of objective facts and existence.
relevant laws and regulations, and put forward clear, specific and complete requests. An incomplete request for arbitration runs the risk that the unrequested portion will be considered a waiver and not be heard.
Fourth, the risk of overdue increase or change of the requested items. If a party adds or changes the requested items or submits a counterclaim, it shall submit it within the time limit prescribed by the Labor and Personnel Dispute Arbitration Commission. If it is submitted within the time limit, it shall be handled in a separate case.
5. Risk of wrongdoing. The parties should seek truth from facts when putting forward their own claims, and shall not make false statements or perjury, otherwise they will bear the risk of corresponding legal liability.
6. The risk of failure to present evidence. The parties have the burden of providing evidence and proving the facts on which their claims are based or on which they refute the claims of the other party. If there is no evidence or the evidence provided is insufficient to prove its claim, the party who bears the burden of proof shall bear the adverse consequences.
7. Risk of not providing original evidence. The evidence submitted by the parties to the Labor and Personnel Dispute Arbitration Commission shall be the original or original. If it is really difficult to provide the original or original, a copy or reproduction may be provided after approval by the Labor and Personnel Dispute Arbitration Commission; Otherwise, the validity of the evidence will be affected and may even be inadmissible.
8. Risk of late submission of evidence. The parties shall submit evidence to the Labor and Personnel Dispute Arbitration Commission within the prescribed time limit for presenting evidence. If it is truly difficult to submit evidence within the time limit for presenting evidence, it shall apply in writing to the Labor and Personnel Dispute Arbitration Commission for an extension of time to present evidence within the time limit for presenting evidence, and after approval, it may be appropriately extended. If the evidence is submitted within the time limit, the labor and personnel dispute arbitration commission will not organize cross-examination and will not accept it, and the party presenting the evidence shall bear the risk that the evidence of the asserted facts cannot be determined.
9. Risk of unclear authorization. If the parties entrust a person to admit or waive the modification of the arbitration claim and settle on their behalf, it shall be indicated in the Power of Attorney as a special authorization; If it is not indicated, the opinions expressed by the entrusted person on the above matters have no legal effect.
10. The risk of witnesses not appearing in court to testify. Except in special circumstances provided by law, where parties provide witness testimony, the witnesses shall appear in court to testify and be questioned. If a witness does not appear to testify in court, it may affect the validity of the witness's testimony or even be admissible.
Ten. 1. The risk of not appearing in court on time or leaving court without a legitimate reason. If the parties concerned shall participate in the arbitral hearing on time at the prescribed time, and refuse to appear at the hearing without justifiable reasons or withdraw from the hearing without permission, the claimant shall be treated as withdrawing the arbitration application, and if the claimant applies for arbitration again, the arbitration commission will not accept it; Where the respondent (including a third party) refuses to appear in court without a legitimate reason or leaves court without permission, it is to be handled as a default ruling. Where a party fails to appear in court beyond the prescribed time (30 minutes) without a legitimate reason, it is viewed as refusing to appear in court.
Ten. 2. Risk of providing an inaccurate delivery address. Where legal documents cannot be served due to unclear addresses provided by the parties, the parties shall re-provide accurate addresses within the prescribed time limit; If the address is not provided within the time limit or the re-provided address is still not delivered, the date of return shall be deemed to be the date of delivery. If the legal documents cannot be served due to the claimant's inability to provide the accurate address of the other party, the Labor and Personnel Dispute Arbitration Commission will deem it to withdraw the arbitration application.
Ten. 3. Risk of non-compliance with the discipline of the arbitral tribunal. If an arbitration participant obstructs arbitration in the course of handling a dispute with the arbitration commission, the labor and personnel dispute arbitration commission has the right to criticize and educate him, order him to make corrections or withdraw from the court according to the severity of the circumstances; where the administration of public security is violated, the public security organs are to handle it in accordance with law; where a crime is constituted, the judicial organs shall pursue their criminal responsibility in accordance with law.
Ten. IV. Risks of Refusal to Accept or Execute Arbitration Documents. The refusal of the parties to accept or sign the arbitration documents shall not prevent the arbitration documents from taking legal effect, but may affect the exercise of the parties' right to appeal and other rights.
Ten. 5. The risk of not filing a lawsuit with the people's court on time. If a party is dissatisfied with the arbitral award, it shall file a lawsuit with the people's court with jurisdiction within 15 days from the date of receipt of the award, and shall make a copy of the Certificate of Service to the Arbitration Commission before filing the lawsuit, otherwise it will bear the risk that the court will not file the case.
Ten. 6. The risk of late application for enforcement. If one party fails to perform its obligations in a legally effective award or mediation document, the other party may apply to the people's court with jurisdiction for enforcement. The time limit for applying for enforcement is 1 year, and if you do not apply within the time limit, you will bear the risk of not enforcing it.
When applying for enforcement, the parties shall provide the Arbitral Award or Arbitration Mediation Statement, the Certificate of Service and the exact whereabouts of the person subject to enforcement or the exact clues of the property subject to enforcement, otherwise they will bear the risk of non-enforcement or the enforcement may be suspended.