Labor arbitration to labor bureau or social security bureau?

Social security bureau. Labor arbitration has a special labor arbitration department, which is under the jurisdiction of the Human Resources and Social Security Bureau (the former Labor Bureau) where the unit is located.

Labor arbitration procedure

Labor arbitration is a way to solve labor disputes. Labor arbitration institutions mediate and arbitrate labor disputes and safeguard the legitimate rights and interests of workers and employers. Labor arbitration procedures generally include the following steps:

1. The parties may negotiate, mediate or apply for arbitration by themselves, or apply to a labor arbitration institution for arbitration. If negotiation and mediation fail or a settlement agreement is reached, the parties may apply to the labor arbitration institution for arbitration and provide relevant evidence.

2. After receiving the arbitration application, the labor arbitration institution shall conduct a review within 5 days and notify the parties whether to accept it. If it is accepted, the labor arbitration institution shall issue a notice of labor arbitration to the parties within 5 days, and determine the date, place and procedure for the formation of the arbitration tribunal.

3. In the arbitration tribunal, the parties can provide evidence and debate. Before making an award, the arbitration tribunal shall fully listen to the opinions of the parties and conduct mediation. If a settlement agreement is reached, the arbitration tribunal shall make a conciliation statement or an award.

4. If a party refuses to accept the arbitration award, it may bring a lawsuit to the people's court within 15 days from the date of receiving the award. If no prosecution is filed within the time limit, the ruling will take legal effect.

Thus, workers can apply for labor arbitration to the labor dispute arbitration committee of the local human resources and social security bureau (the former Labor Bureau).

Legal basis:

Law on mediation and arbitration of labor disputes

Article 5

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.

Article 17

The labor dispute arbitration commission shall be established in accordance with the principle of overall planning, rational layout and adaptation to actual needs. The people's governments of provinces and autonomous regions may decide to set up in cities and counties; The people's government of a municipality directly under the Central Government may decide to establish it in a district or county. Municipalities directly under the central government and cities divided into districts may also set up one or more labor dispute arbitration committees. The labor dispute arbitration commission shall not be established according to the administrative divisions.

Article 21

The labor dispute arbitration commission is responsible for the jurisdiction of labor disputes in this area.

Labor disputes shall be under the jurisdiction of the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located. Where both parties apply for arbitration to the labor dispute arbitration committee in the place where the labor contract is performed and the place where the employer is located, it shall be under the jurisdiction of the labor dispute arbitration committee in the place where the labor contract is performed.