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How to resign before the hospital probation contract expires?
1. Labor dispute arbitration is not an administrative remedy. As a third party, the Labor Dispute Arbitration Commission handles labor disputes between workers and employers, and both parties have equal status in the process of labor dispute arbitration.
2. The applicant, the respondent and the third party must be the laborers and employers who actually have labor disputes, or the interested parties who have undertaken their rights and obligations to participate in arbitration activities according to law, including other organizations or individuals.
3. The Labor Dispute Arbitration Commission accepts cases in strict accordance with the scope stipulated in the Labor Law, the Labor Contract Law and the Labor Dispute Mediation and Arbitration Law. The arbitration commission shall not accept cases that are not within the scope of acceptance by the labor dispute arbitration commission.
4. The parties applying for arbitration shall submit a written application to the Labor Dispute Arbitration Committee within one year from the date when they know or should know that their rights have been infringed. The Arbitration Commission shall not accept a case that exceeds the time limit for arbitration.
5. If the accepted case is found by the Arbitration Commission to be beyond the scope of acceptance or beyond the time limit for arbitration, it shall be rejected.
6, the applicant to apply for arbitration, the request should be clear and specific, with economic content, must specify the specific amount and calculation method. If there are multiple requests at the same time, the labor dispute arbitration commission shall notify them to make supplementary amendments to the requests that do not meet the above requirements; Refuse to modify the part, the labor dispute arbitration commission will not deal with it. If the above-mentioned circumstances are found in the accepted case, the labor dispute arbitration commission shall reject the request that does not meet the requirements.
The parties concerned shall make their own requests accurately according to the facts and legal provisions. For claims that have no factual and legal basis and exceed the legal provisions, the parties concerned shall bear the consequences of losing the case.
7. The burden of proof in labor disputes is governed by the general rule of "who claims and gives evidence". If the evidence related to the disputed matter belongs to the management of the employer, the employer shall provide it. If the parties are unable to provide evidence, they shall bear adverse consequences.
8, the applicant's arbitration application is accepted by the labor dispute arbitration committee, does not necessarily bring victory. The labor dispute arbitration commission shall handle the accepted cases in accordance with the principles of legality, fairness and timeliness.
9. The labor dispute arbitration commission has not made a decision within 5 days from the date of receiving the arbitration application; The labor dispute arbitration commission fails to make an arbitration award within 60 days from the date of accepting the arbitration application; If a party refuses to accept the notice of rejection or the arbitration award, it may bring a lawsuit to the people's court.
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