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Social security did not pay the arbitration according to the actual salary.
1. Submission of filing materials: When applying for arbitration, the parties shall submit an arbitration application, a copy of their ID cards, a list of evidence and the company's industrial and commercial registration materials.
2. The Arbitration Commission shall make a decision of acceptance or rejection within five working days from the date of receiving the application for arbitration. If the arbitration commission decides to accept the case, it shall serve a copy of the application for labor arbitration on the respondent within five days from the date of the decision. If it decides not to accept it, it shall explain the reasons.
3. Hearing: 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 court halfway without the consent of the arbitration tribunal, the application shall be rejected and the respondent may make an ruling by default.
4. Arbitration and mediation: If both parties reach a mediation opinion, the arbitration tribunal shall make a mediation statement. Most of the cases I represented remotely were settled in the stage of labor arbitration. Of course, general mediation needs to make some concessions on the amount. In this way, you can get money faster and reduce risks and time investment.
5. Arbitral award: If both parties fail to mediate. Then the arbitration commission will issue an award to both parties within a period of time after the hearing. Within 15 days after receiving the award, both parties may bring a lawsuit to the court. If no lawsuit is filed, the ruling will take effect.
6. Enforcement. If the other party fails to perform the labor arbitration award or mediation, then the parties may apply to the court for enforcement. The execution expenses shall be borne by the person subjected to execution. During the execution period, the interest is calculated according to the loan interest rate. The executed information will also be uploaded to the network, which will have an adverse impact on the executed person.
Legal basis: Article 2 of the Labor Arbitration Law of People's Republic of China (PRC) 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.
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