How to write the labor dispute defense? The labor arbitration has been made, and now the employer refuses to sue me. I became the defendant.

1. The defense is not required to be written, but it must be submitted to the court: you can list the rebuttal reasons one by one according to the company's litigation request, and read it yourself at the court session without submitting it in advance to avoid the company making preparations in advance.

2. If you want to write a defense, the format is for reference:

3. Another word of caution: the company's claim is obviously unreasonable, which may be stalling for time. If you claim a large amount of compensation, it is recommended to apply to the court for property preservation, and seal up the company account or property in the course of litigation to prevent the problem of unenforceability after winning the case.

Answer/reply summary

Respondent (defendant in this case): You (name, age, contact information, address, etc. )

The respondent now requests the people's court to reject the plaintiff XX Company's illegal claim against the defendant in this case according to law, and maintain the ruling of XXX Labor Arbitration Committee. The answer is as follows:

I. Issues concerning labor relations:

It is an undeniable fact that I worked in the defendant XXXX Company for 8 months on X, X, X, as evidenced by the following evidence:

1、

2、

3、

The above evidence, confirmed by XXX Labor Arbitration Committee, is sufficient to prove that a factual labor relationship has been formed between the defendant and the plaintiff. The plaintiff claimed that he had never worked in the plaintiff's company, nor did he form a labor relationship with the defendant, which was purely unreasonable and sophistry.

I counterclaim, asking the defendant to pay double salary for the unsigned contract.

Reason: According to the evidence listed in 1, it can be proved that there is a factual labor relationship between the defendant and the plaintiff, and the plaintiff can't prove that he signed a labor contract with the defendant at all. According to the provisions of the Labor Contract Law, the defendant should pay double wages from one month of work, totaling XXX yuan.

3. Request the court to order the plaintiff to pay social security for the defendant during the whole working period.

Reason: There is evidence that there is a factual labor relationship between the defendant and the plaintiff, and the plaintiff cannot prove that he bought social security for the defendant. According to the provisions of the Labor Law and the Labor Contract Law, the plaintiff has a legal obligation to pay all social security for the defendant.

XXXX Labor Dispute Arbitration Committee's ruling on the above issues is legal and reasonable, and requests the court to reject the plaintiff's unreasonable claims in accordance with the law and safeguard the defendant's legitimate rights and interests in accordance with the law.

I am here to convey

XXXX people's court

defendant

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