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Telephone number and procedure of labor arbitration commission.
Second, the labor arbitration procedure?
1. Submit an application?
When applying for arbitration, the parties shall submit an application for arbitration and submit copies according to the number of respondents. The application shall contain the following items:
(1) Name, gender, age, work unit and residence of the employee; The name and domicile of the employing unit and the name and position of its legal representative or principal responsible person; ?
(2) The arbitration claim and the facts and reasons on which it is based; ?
(3) Evidence and its sources, names and residences of witnesses; ?
(4) Date of applying for arbitration. ?
2. Arbitration acceptance?
The Arbitration Commission shall, within five days from the date of receiving the application for arbitration, make a decision on whether to accept or not to accept it. 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. ?
3. trial?
The arbitration tribunal shall notify both parties in writing of the date and place of the hearing five days before the hearing. If the applicant refuses to appear in court without justifiable reasons or withdraws from the court without the consent of the arbitration tribunal, the case shall be dismissed and the respondent may make an award by default. ?
4. Arbitration and mediation?
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. 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 take legal effect from the date of service; If the mediation fails to reach an agreement, the arbitration tribunal shall make an award in time. ?
5. Arbitral award?
The arbitration tribunal shall conclude the labor dispute case within 45 days from the date when the labor arbitration committee accepts the arbitration application. If the case is complicated and needs to be postponed, it may be postponed upon approval, and the parties concerned shall be notified in writing, and the extension period shall not exceed fifteen days. After the arbitration tribunal makes an award, it shall make an arbitration award and serve it on both parties.
Extended data:
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Article 12 of the Labor Dispute Mediation and Arbitration Law, the parties may apply for labor dispute mediation in writing or orally. If the application is made orally, the mediation organization shall record the basic information of the applicant, the disputed matters, the reasons and time for applying for mediation on the spot. ?
Twenty-ninth labor dispute arbitration committee within five days from the date of receiving the application for arbitration, that meets the acceptance conditions, it shall accept and notify the applicant; If it does not meet the acceptance conditions, it shall notify the applicant in writing that it will not be accepted and explain the reasons. If the labor dispute arbitration commission refuses to accept or fails to make a decision within the time limit, the applicant may bring a lawsuit to the people's court on the labor dispute. ?
Article 30 After accepting the application for arbitration, the labor dispute arbitration commission shall deliver a copy of the application for arbitration to the respondent within five days. ?
After receiving a copy of the arbitration application, the respondent shall submit a written reply to the labor dispute arbitration committee within ten days. After receiving the defense, the labor dispute arbitration commission shall deliver a copy of the defense to the applicant within five days. The failure of the respondent to submit the written defense shall not affect the arbitration proceedings. ?
Article 35 The arbitration tribunal shall notify both parties in writing of the date and place of the hearing five days before the hearing. If the parties have justified reasons, they may request an extension of the hearing three days before the hearing. The extension or not shall be decided by the labor dispute arbitration commission. ?
Article 43 The arbitration tribunal shall make a ruling on the labor dispute case within 45 days from the date when the labor dispute arbitration commission accepts the arbitration application. If the case is complicated and needs to be postponed, it may be postponed with the approval of the chairman of the labor dispute arbitration commission, and the parties concerned shall be notified in writing, but the extension period shall not exceed fifteen days. If the arbitration award is not made within the time limit, the parties may bring a lawsuit to the people's court on the labor dispute. ?
When the arbitration tribunal hears a labor dispute case, some facts are already clear, and it can make an award on that part first.
Baidu encyclopedia labor dispute mediation and arbitration law
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