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Hangzhou Labor Arbitration Commission
When there is a labor dispute between the employee and the employer, they may apply to the Hangzhou Labor Arbitration Commission for arbitration and resolve the dispute through legal channels.
I. Functions of Hangzhou Labor Arbitration Commission
As an arbitration institution for labor disputes, Hangzhou Labor Arbitration Commission mainly undertakes the following functions:
1. Accepting labor dispute cases: In case of disputes between workers and employers over wages, working hours, welfare and other rights and interests, they may apply to Hangzhou Labor Arbitration Commission for arbitration.
2. Labor dispute mediation: After accepting the case, Hangzhou Labor Arbitration Commission will organize both parties to mediate and reach a settlement agreement through consultation to resolve the dispute.
3. Arbitration of labor disputes: If mediation fails, Hangzhou Labor Arbitration Commission will make an arbitration according to facts and laws, and issue an award.
Second, the process of applying for labor arbitration
Workers or employers applying for labor arbitration need to follow the following procedures:
1. Prepare relevant materials: including application forms and evidence materials. Ensure that the application content is true and complete.
2. Submit the application: submit the application materials to the Hangzhou Labor Arbitration Commission and pay the arbitration fee as required.
3. Waiting for acceptance: Hangzhou Labor Arbitration Committee will review the application after receiving it, and accept it if it meets the acceptance conditions.
4. Participate in the arbitration hearing: During the arbitration hearing, both parties need to state facts, provide evidence and accept the inquiry of arbitrators.
5. Acceptance of award: After the arbitral tribunal makes an award according to facts and laws, both parties shall accept and implement it.
Third, the significance of Hangzhou Labor Arbitration Commission
The establishment and operation of Hangzhou Labor Arbitration Commission is of great significance for safeguarding the legitimate rights and interests of workers and employers and promoting the harmony and stability of labor relations. It provides a fair and efficient platform for workers and employers to solve disputes, avoid contradictions and maintain social stability through legal channels.
To sum up:
As the authoritative organization for handling labor dispute cases in Hangzhou, Hangzhou Labor Arbitration Commission protects the legitimate rights and interests of workers and employers and promotes the harmony and stability of labor relations by accepting, mediating and adjudicating labor dispute cases. Applying for labor arbitration needs to follow certain procedures and accept the arbitration tribunal's ruling. The establishment and operation of Hangzhou Labor Arbitration Commission is of great significance for maintaining social stability.
Legal basis:
People's Republic of China (PRC) labor dispute mediation and arbitration law
Article 2 provides that:
This Law is applicable to the following labor disputes between employers and employees in People's Republic of China (PRC):
(1) Disputes arising from the confirmation of labor relations;
(2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts;
(3) Disputes arising from delisting, dismissal, resignation or resignation;
(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;
(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;
(six) other labor disputes as prescribed by laws and regulations.
People's Republic of China (PRC) labor dispute mediation and arbitration law
Article 5 provides that:
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.
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