Arbitration needs to confirm labor relations.

As we all know, at work, the most common thing is the labor dispute between workers and employers. Therefore, many companies have to sign labor contracts with workers before entering the company to clarify their relationship. However, some units did not sign contracts with workers, but industrial injuries occurred. How should this be compensated and how to show the labor relationship between them? How to write an arbitration application for confirming labor relations? Let's listen to Bian Xiao's opinion.

As we all know, at work, the most common thing is the labor dispute between workers and employers. Therefore, many companies have to sign labor contracts with workers before entering the company to clarify their relationship. However, some units did not sign contracts with workers, but industrial injuries occurred. How should this be compensated and how to show the labor relationship between them? How to write an arbitration application for confirming labor relations? Let's listen to Bian Xiao's opinion.

1. How to write an arbitration application to confirm labor relations?

Application for labor dispute arbitration (sample) Applicant:. Male, born, alive. Id number:.

Respondent:. . Company, address:. . Legal representative:.

Arbitration request:

Request to confirm the existence of factual labor relations between the applicant and the respondent;

Facts and reasons

The applicant is an employee of the respondent, who started work in May 20 12, engaged in carpentry and formwork support. On the morning of May 28th, 20 12, at around 10, under the arrangement of the respondent, the applicant accidentally fell from the steel pipe rack at the floor of Yijiangjiayuan 191in Yijiang District, causing personal injury. Immediately, the respondent arranged personnel to send the applicant to the Second People's Hospital of Wuhu for treatment and paid the medical expenses.

From the date of employment to the date of the applicant's injury, the respondent has not signed a written labor contract with the applicant, and according to the Notice on Establishing Labor Relations (No.[2005] 12 issued by the Ministry of Labor and Social Affairs), both parties have formed a de facto labor relationship. In order to safeguard their legitimate rights and interests, the applicant hereby applies for arbitration to your commission in accordance with the provisions of relevant laws and regulations, hoping to make a ruling according to law!

Zhezhi

. District labor dispute arbitration commission

Applicant:

Date:

Second, arbitration confirms labor relations?

Please refer to the Notice on Establishing Labor Relations for evidence of determining labor relations.

If the employer has not signed a labor contract with the employee, it may refer to the following documents when determining that there is a labor relationship between the two parties:

(a) payment vouchers or records (payroll), the payment of various social insurance premiums;

(2) Work Permit, Service Certificate and other documents that can prove the identity issued by the employer to the employee;

(3) Employment records such as Registration Form and Application Form filled out by employees;

(4) attendance records;

(5) Testimonies of other workers, etc.

Among them, the relevant documents in items (1), (3) and (4) are collected by the employer.

In short, the employer has not signed a labor contract with the employee, and the employee can prove his identity with the work permit issued by the employer, which can be used as a certificate to confirm the existence of labor relations between the two parties.

Therefore, the salary slip in hand can be used as evidence. The salary certificate bears the seal of the company, and the name of the head office bears the seal of the branch company in the workplace, which should not affect the validity of the evidence.

To sum up, if you have a labor dispute with the employer, and the other party denies the existence of labor relations, you can file a lawsuit with the labor department and apply for the dissolution of labor relations between you with your work permit, work clothes, salary slips, etc. Left it in the workplace as evidence. Therefore, you must also know how to write an arbitration application to confirm labor relations. Then your victory will be great.