dispute settlement

In a progressive society, people use agreements more and more, which plays a positive role in the performance of bilateral affairs. Let's refer to how the agreement is written. The following are four reconciliation agreements that I have carefully arranged for your reference, hoping to help friends in need.

Settlement Agreement 1 Party A: Dongguan Longguang Real Estate Co., Ltd.

Party B: Huang

Based on the principle of mutual understanding and mutual accommodation, Party A and Party B have reached the following settlement agreement on the compensation for the quality problems of Unit 250 1 Unit 2 sold by Party A that affect Party B's renovation and occupancy as scheduled:

1. Party A shall pay Party B a three-month property management fee as compensation, and Party B shall accept and confirm it. Party B shall not claim compensation from Party A for the quality problems related to 250 1 two units, nor shall Party A be required to bear any related responsibilities.

2. This Agreement shall come into force after being signed or sealed by all parties. In duplicate, each party holds one copy.

Party A (signature):

Party B (signature):

Date of signature: year month day.

Signing place:

Chapter II of Settlement Agreement Party A: xxx

Party b: xxxx

Through friendly negotiation, Party A and Party B have reached the following terms on the civil complaint filed on March 5, 20xx, and both parties shall abide by them.

1. Party A shall compensate Party B for economic losses according to law: 68,965,438 yuan+0,746.95 yuan.

2. Party A and Party B agree to settle out of court, and Party B agrees to pay Party A RMB 689 1 746.95 through its directly affiliated company, Oriental Variety Jilin Enterprise Development Co., Ltd. ..

3. Party A agrees to cancel the lawsuit immediately after receiving the payment from Party B. ..

Four. Party A and Party B agree not to hold either party accountable.

5. This agreement is made in duplicate, which will take effect immediately after being sealed.

Party a: xxx

Party b: xxx

200 1 apr15th.

Article 3 of the Settlement Agreement: Ordering Party (Party A):

Distributor (Party B):

Based on the principles of fairness, honesty, mutual benefit and friendly cooperation, Party A and Party B are responsible for providing bottled water distribution services to Party A. In order to ensure the rights and interests of both parties, this agreement is hereby concluded.

1. Terms and contents of delivery service

1. Starting from _ _ _ _ _ _ _ _

2. During the contract period, Party B shall provide delivery service to Party A on time according to the variety, quantity, quality and unit price ordered by Party A, otherwise Party A has the right to refuse.

3. For the goods ordered by Party A from Party B, Party A must place an order with Party B in written or telephone form one day in advance, and the contents of the order should clearly indicate the name, quantity, quality, time and special requirements.

2. Quality, quantity, time and acceptance of the delivered goods

1. Delivery quality: Party B must obtain qs food quality and safety market access certificate.

2. Quantity: subject to the goods received by Party A. ..

3. Time: Party B shall deliver the ordered goods to Party B according to the date required by Party A. ..

Three: commodity prices

1, Wahaha barreled natural mineral water, purified water: retail price 15 yuan/barrel, agreed price _ 10__ yuan;

2. Party B shall issue a formal invoice for settlement.

3. Party B shall provide some empty barrels to Party A for free use. If the barrel is damaged or lost due to Party A's reasons, Party B will charge the ex-factory price of 40 yuan per barrel, which will be recovered by Party B after the expiration of the agreement.

Four: payment method

The delivery payment shall be settled once a month, and Party A shall pay it to Party B by cheque or cash within 7 days after settlement.

Verb (abbreviation of verb) liability for breach of contract

1. If the quality of the goods is unqualified, the losses caused thereby shall be borne by Party B. ..

2. If it is confirmed by the health and quarantine department that Party A's personnel suffer from food poisoning or health damage due to transportation quality problems, Party B shall bear all responsibilities.

The entry into force of the intransitive verb Agreement and others.

1. This agreement shall come into effect after being signed and sealed by the representatives of both parties.

2. This Agreement is made in duplicate, with each party holding one copy.

3. Matters not covered in this Agreement shall be settled by both parties through consultation.

Party A: (Seal) Party B: (Seal)

Authorized Agent: Authorized Agent:

Year after year, month after month, year after year.

Donor (Party A): Address: Valid ID number:

Recipient (Party B): Address: Valid ID number:

Party A voluntarily provides it to Party B on a regular basis, and reaches the following gift agreement with Party B. ..

Article 1 Party B accepts the gift from Party A, which is for use only and shall not be used for other purposes.

Article 2 Party A donates RMB to Party B twice a year for free.

Article 3 The above-mentioned gifts shall start from the date of the month to the date of the month.

Article 4 If Party B dies during the performance of this contract, he may inherit the identity of the donee.

Article 5 Party A has the right to supervise Party B's use of gifts. If Party B uses it improperly, Party A has the right to ask Party B to correct it.

Article 6 If Party B neglects Party A, it has the right to terminate this contract.

Article 7 This contract is made in duplicate, with each party holding one copy.

Party A: (representative):

Party B: (representative):

Chapter IV Brief introduction of settlement agreement cases:

Applicant Li went to Respondent A Company as a security guard in August 20xx. During his work, due to the special needs of his post, Li has been implementing the working hours system of working 24 hours and taking 48 hours off. 20xx In April, Company A wanted to outsource logistics services to a property management company, so it negotiated with Li to terminate the labor relationship. 20xx On April 24th, Company A reached an agreement with Li, and Company A paid all kinds of money to Li at one time, totaling 8,000 yuan. At the same time, it is also agreed that Li shall not give any reasons to the respondent on the grounds of labor remuneration, economic compensation and welfare treatment. On April 27th, 20xx, Li received 8000 yuan from Company A. After signing a labor contract with the property management company, Li was sent to other places to continue his work. In March 20xx, Li filed a labor arbitration, demanding that Company A pay compensation and overtime pay. Company A believes that the termination of labor relations between the two parties is the result of negotiation between the two parties. Company A has paid all economic compensation to Li, and there is no longer any labor dispute between the two parties.

The applicant requires:

1. Respondent A paid Li compensation for the illegal termination of the labor contract;

Defendant A paid overtime to Li during his work.

Processing result:

Reject all the arbitration requests of the applicant.

Controversy focus:

1. Whether the agreement between Company A and Li Dacheng to dissolve the labor relationship is legal and valid;

2. Whether the labor and personnel dispute arbitration commission can directly terminate the agreement.

Comments:

According to Article 4 of the Law of People's Republic of China (PRC) on Mediation and Arbitration of Labor Disputes, if a labor dispute occurs, the employee may negotiate with the employer, or request the trade union or a third party to reach a settlement agreement with the employer. In this case, it is the right given to both parties by law that Company A and Li negotiate and mediate to terminate the labor relationship. According to Article 6 of the Labor Dispute Mediation and Arbitration Law of People's Republic of China (PRC), "If a labor dispute occurs, 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; If you are dissatisfied with the arbitral award, you may bring a lawsuit to the people's court unless otherwise stipulated in this Law. " In this case, the two parties have reached an agreement on dispute negotiation, and Company A has actually fulfilled the payment obligations stipulated in the agreement.

At present, the policy documents regulating the agreement reached by both parties to a labor dispute mainly include the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (III), in which Article 10 clearly stipulates that "the agreement reached between a worker and an employer on the dissolution or termination of a labor contract, payment of wages, overtime pay, economic compensation or compensation does not violate the mandatory provisions of laws and administrative regulations, and there is no fraud, coercion or taking advantage of others' danger. The people's court shall support the cancellation of the agreement mentioned in the preceding paragraph if there is a major misunderstanding or obviously unfair's situation.

Hold on. From the above provisions, we can see two points: first, if the parties request to terminate, there must be evidence to prove that there is a major misunderstanding or obvious obviously unfair's request, and the agreement violates the mandatory provisions of laws and administrative regulations, or there is fraud, coercion or taking advantage of others' danger; Second, whether the agreement can be revoked depends on the people's court, and the existing laws, regulations and rules do not give the labor and personnel dispute arbitration commission the right to revoke the above agreement. Obviously, in this case, if Li thinks that the agreement is invalid, he must first apply to the people's court for cancellation, and then apply for labor arbitration to claim related rights and interests.

Enlightenment and thinking:

Judging from this case, there are at least two questions worth discussing: First, should the arbitration commission accept it? Second, how to guide the parties to reach a standardized mediation agreement?

As for the acceptance of the case, according to the fifth paragraph of Article 2 of the Law of People's Republic of China (PRC) on Mediation and Arbitration of Labor Disputes, the Arbitration Commission obviously accepted it. Because in this case, the respondent has reached a package solution to terminate the labor relationship with the applicant, and the respondent has fulfilled the payment agreed in the agreement. The premise of the applicant's arbitration request should be that the mediation agreement has been revoked, so the applicant should be informed, and if there is evidence that the agreement can be revoked, it should be guided to apply to the people's court for arbitration, and then file a labor arbitration to accept it.

How to guide both parties to reach a standardized mediation agreement on their own? After the labor contract is dissolved or terminated, the laborer and the employer sign an economic compensation agreement, which can clearly inform the calculation of economic compensation in national laws and regulations.

Methods and calculation standards: If the laborer voluntarily agrees to sign the agreement knowing that the compensation amount agreed in the agreement is different from the legal standard, even if the compensation standard and amount are lower than the provisions of laws and regulations, it should be regarded as the punishment of the laborer's own rights. If a worker repents after receiving economic compensation as agreed, he shall bear adverse consequences.