What information does social security labor arbitration need?

Application for labor arbitration (detailing the factual reasons for the application, in duplicate or according to the number of applicants; The identity certificate and photocopy of the applicant; If there is an entrusted agent, it is necessary to personally sign and submit the power of attorney, indicate the entrusted matters, and submit a copy of the entrusted agent's ID card. The agent of the client is a practicing lawyer sent by a law firm; A copy of the certificate of practicing lawyer should be provided: if the agent of the client is a citizen, the free agency agreement signed with the client and the legal information on the relationship between the agent and the client should be provided; Industrial and commercial registration information of the respondent; Proof of the existence of labor relations between the applicant and the respondent; (Proof materials include: labor contract, temporary residence permit, work permit, factory label, work card, payroll (table), employment registration form and deposit receipt; As well as the punishment certificate and the notice or certificate of dismissal, expulsion, expulsion, dissolution (or termination) of labor relations. When the applicant submits the certification materials, one original and one copy shall be attached, and the original shall be returned after examination; List of evidential materials submitted in duplicate.

Specifically:

1. The application is made in triplicate, two copies are submitted to the Arbitration Commission, and the applicant keeps one copy. If the respondent is the same party, the application shall be made in quadruplicate, three copies shall be submitted to the Arbitration Commission, and the applicant shall keep one copy. The application is written in blue-black or black pen or signature pen, and the application date must be signed by the applicant. In addition to stating the name, sex, age, occupation, work unit, address and telephone number of the laborer, the name and address of the employer, the name, position and telephone number of the legal representative or person in charge and other basic information of the parties, the application should also include specific application requests and the facts and reasons on which the application is based.

2. identification. If the applicant is a worker, he should bring his identity certificate and submit a copy. If there is an entrusted agent, the power of attorney and the identity certificate of the entrusted agent shall also be submitted; If the applicant is an employer, it shall carry a copy of the employer's business license and submit a copy. And the identity certificate of the legal representative of the unit, the power of attorney, the identity certificate of the entrusted agent, etc.

3. Proof of labor relations. Such as labor contract, certificate of dissolution or termination of labor contract, certificate of salary payment, certificate of social insurance payment, work permit, pass and other materials and corresponding copies.

4. The identity certificate of the respondent. When the applicant applies for labor arbitration, if the arbitration commission requires the applicant to submit relevant materials that can prove the identity of the respondent according to the needs of filing a case for examination, the applicant shall submit them as far as possible. If the respondent is an employer, it shall provide its certificate of industrial and commercial registration, including the name of the unit, legal representative, domicile, copy of ID card, business premises, etc. If the respondent is a worker, it shall submit its permanent residence address, current residence address and contact telephone number.

5. Confirmation of delivery address. When submitting an application, the applicant shall fill in the confirmation letter of service address, indicating the detailed address, postal code and contact telephone number of the arbitration documents it has received.

How long does it take to apply for labor arbitration after industrial injury appraisal?

According to relevant laws: Article 54 of the Regulations on Work-related Injury Insurance, if there is a dispute between an employee and the employer on the treatment of work-related injuries, it shall be handled in accordance with the relevant provisions on handling labor disputes.

Article 27 of the Law on Mediation and Arbitration of Labor Disputes The limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed. The limitation of arbitration prescribed in the preceding paragraph shall be interrupted because one party claims the rights of the other party, or requests the relevant departments to provide rights relief, or the other party agrees to perform its obligations. The limitation of arbitration shall be recalculated from the time of interruption.

If the parties fail to apply for arbitration within the time limit stipulated in the first paragraph of this article due to force majeure or other legitimate reasons, the arbitration period shall be suspended. The limitation period of arbitration shall continue to be counted from the date when the reasons for suspension of limitation are eliminated.

If there is a dispute over the arrears of labor remuneration during the existence of labor relations, the employee's application for arbitration is not limited by the limitation period of arbitration stipulated in the first paragraph of this article; However, if the labor relationship is terminated, it shall be proposed within one year from the date of termination of the labor relationship.

From this, it can be concluded that the treatment dispute of work-related injuries belongs to a kind of labor dispute. According to the Labor Dispute Mediation and Arbitration Law, the time limit for applying for labor arbitration for labor disputes is one year, that is, the calculation time starts from the time when the certificate of work-related injury is obtained.

The time limit for applying for labor arbitration after a work-related injury is determined to be valid within one year from the date of the dispute. To apply for labor arbitration, the following materials shall be submitted:

(1) Apply for arbitration. The applicant shall truthfully and accurately fill in the application for arbitration in triplicate, two of which shall be submitted to the Arbitration Commission by the applicant himself or his entrusted agent, and one shall be kept by the applicant;

(2) proof of identity. If the applicant is a worker, submit the original and photocopy of his identity certificate; If the applicant is an employer, a copy of the business license, the identity certificate of the legal representative, the identity certificate of the entrusted agent and the power of attorney shall be submitted.

(3) Relevant materials that can prove the existence of labor relationship with the respondent, such as labor contract (employment contract or agreement), notice of dissolution or termination of contract, payroll (clause), social insurance payment certificate and other materials and copies;

(4) When the applicant applies for labor arbitration, the arbitration commission requires the applicant to submit relevant materials that can prove the identity of the defendant according to the needs of filing the case for examination, and the applicant shall submit them. If the respondent is an employer, it shall submit its certificate of industrial and commercial registration (including the name of the unit, legal representative, domicile and business premises, etc.). ); If the respondent is a laborer, it shall submit its permanent residence, current residence address and contact telephone number.

The above is the question of how long to apply for labor arbitration after the work-related injury is identified. As can be seen from the above, after receiving the appraisal report, the injured workers can prepare relevant application materials and ask the relevant departments for labor arbitration. The limitation of action is one year, and the specific details depend on the relevant laws. If you have any questions, you can seek the help of a lawyer.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

"People's Republic of China (PRC) labor dispute mediation and arbitration law" twenty-eighth.

The applicant shall submit an application for arbitration and submit copies according to the number of respondents.

The application for arbitration shall contain the following items:

(a) the name, sex, age, occupation, work unit and domicile of the laborer, the name and domicile of the employer, and the name and position of the 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.

If it is really difficult to write an arbitration application, you can apply orally, which will be recorded by the labor dispute arbitration Committee and informed to the other party.

Article 29

Within five days from the date of receiving the application for arbitration, the labor dispute arbitration commission shall accept and notify the applicant if it considers that it meets the acceptance conditions; 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.