Labor arbitration process of applying for social security

The process of applying for social security labor arbitration is:

1, submit the application

When applying for arbitration, the parties shall submit an application for arbitration and submit copies according to the number of respondents.

2. Arbitration acceptance

The Arbitration Commission shall, within five days from the date of receiving the application for arbitration, make a decision on whether to accept or not to accept it. If the arbitration commission decides to accept the case, it shall serve a copy of the complaint on the respondent within five days from the date of making the decision. If it decides not to accept it, it shall explain the reasons.

Step 3: hold a court session

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 case shall be dismissed, and the respondent may make an award by default.

4. Arbitration and mediation

When handling labor disputes, the arbitration tribunal shall mediate first, and on the basis of finding out the facts, urge both parties to reach an agreement voluntarily. If an agreement is reached through mediation, the arbitration tribunal shall make a conciliation statement according to the contents of the agreement, and the conciliation statement shall take legal effect from the date of service; If the mediation fails to reach an agreement, the arbitration tribunal shall make an award in time.

5. Arbitral award

The arbitration tribunal shall conclude the labor dispute case within 45 days from the date when the labor arbitration committee accepts the arbitration application. If the case is complicated and needs to be postponed, it may be postponed upon approval, and the parties concerned shall be notified in writing, and the extension period shall not exceed fifteen days. After the arbitration tribunal makes an award, it shall make an arbitration award and serve it on both parties. If a party refuses to accept the arbitration award, it may bring a suit in a people's court within 15 days from the date of receiving the award; If no prosecution is brought at the expiration of the time limit, the ruling will take legal effect.

What materials are needed for labor arbitration?

1, labor dispute arbitration complaint;

2. Copy of ID card;

3, a copy of the defendant's business license or enterprise industrial and commercial registration information;

4. A copy of the evidential materials;

5. The parties shall submit a list of evidential materials and explanations of evidence;

6. Collective labor disputes also need to be provided: the complainant needs to recommend 3- 5 employee representatives, fill in and submit the recommendation letter of employee representatives, including the list of employee representatives and the signature form of all employees.

As can be seen from the above, the process of applying for social security labor arbitration is to submit an application, accept arbitration, hold a court hearing, mediate arbitration and make an arbitration award.

Legal basis:

Law on mediation and arbitration of labor disputes

Article 43

The arbitration tribunal shall conclude the labor dispute case within 45 days from the date when the labor dispute arbitration committee accepts the arbitration application. If the case is complicated and needs to be postponed, it may be postponed with the approval of the chairman of the labor dispute arbitration commission, and the parties concerned shall be notified in writing, but the extension period shall not exceed fifteen days. If the arbitration award is not made within the time limit, the parties may bring a lawsuit to the people's court on the labor dispute.

When the arbitration tribunal hears a labor dispute case, some facts are already clear, and it can make an award on that part first.