This article contains relevant content and attachments of the labor arbitration application, and the attachments are downloaded at the end of the article.
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On the morning of February 18, 2021, I came to the Labor Arbitration Dispute Court of Chaoyang District and prepared to apply for labor arbitration. If you open your calendar and look at this day, you will find that it is the first working day after the Spring Festival in 2021. In order to file a case early and resolve this matter early, I came to Beijing one day early after the New Year and rushed to file a case on the morning of the first working day.
In a park near Jiangtai Subway Station, the Labor Arbitration Dispute Court of Chaoyang District of Beijing City scanned the health code once when entering the park, and scanned the code again when entering the Dispute Court and measured the body temperature. I came to the front desk and explained that I was here to apply for labor arbitration. The staff handed me two forms:
- Arbitration Application Form (2 pages of A4 paper).
- Mailing information confirmation form.
When I was filling out the form, I found that many people in the hall were also filling out the form. I think I came early enough, but I didn't expect them to be earlier than me! Can you imagine? This is the seventh day of the first lunar month! Most people still celebrate the Spring Festival happily at home, while a large group of us work here. Among these people, there were some migrant workers with dilapidated clothes and poor handwriting; some young men and women who had not returned during the New Year; and there were also couples holding their children; while I filled the form, I listened to them explain why they came to arbitration, how the company laid off employees, how much wages were owed, etc... In the supposed festive first month, this scene was a tragic sight on earth!
After filling out, I came to the front desk again and took out a number. After a few minutes, the window was called. This window read "Legal Aid". In fact, it's just a "preliminary review" of your application form. The staff won't care about your specific situation. They just sketched out some areas on my application form with pencil and told me that it should be revised. After the modifications were completed, the staff took a look and felt that there was no problem. They used an eraser to erase the pencil traces and asked me to make three copies.
After calling the number again, I came to the "Arbitration Filing" window. I suggested,"I don't want to mediate, let's arbitrate directly." The staff member said,"No, there are many cases and we must go through this mediation process." I said: "Doesn't the rule say that if the parties disagree with mediation, they don't have to go through the mediation process?" The staff member said: "Yes, that's true, but there are too many cases and mediation must be carried out. Even if you don't mediate, the court session will be a few months away." I know that the company will not mediate well. The company has clearly laid off employees in violation of the law. The company's attitude is "not afraid of your arbitration","Go ahead and make trouble! I have legal affairs waiting for you."With such an attitude, what results can mediation bring out?
I thought that direct arbitration could save time without mediation, but it seems that this protracted war cannot be avoided. Arbitration has its own inherent process and reality. The staff are also relatively indifferent. They have no patience to listen to what I say and don't care about my situation. I originally wanted to ask some questions, but she said,"You don't have to show me that. I don't want to see it, bring me your ID card!" I sighed and felt chilly in my heart. After I signed and confirmed, the staff gave me 6 documents:
- Pre-case mediation receipt.
- Copy of application form (2 pages).
- Notice of acceptance of case (1 page).
- Notice of appearance (1 page).
- Notice of evidence (1 page).
- Instructions for adducing evidence (9 pages, including: notice about the entrusted agent, list of materials submitted by the entrusted agent, mediation proposal, list of evidence materials, table of factors for trial of labor dispute cases, and power of attorney)
At this point, the arbitration case was completed. Coming out of the Dispute Court, there were a group of uncles and aunties passing cards at the door: "Want a lawyer?" I said I didn't need it, and then when I left the park, the security guard at the door also asked me if I wanted a lawyer and said that I would provide my lawyer's phone number. I really couldn't laugh, so I said "no need" and went out.
information
Regarding the labor arbitration application, I don't have a post. It's too long to post it. If you need to, you can copy the link at the end and download it. If the link fails, leave a message directly on the public account, or contact my email address: work@foxmail.com I will give you a reply when I see it (free, no extra words or sales promotion, I just hope I can help those in need)
劳动人事争议仲裁办事指南.zip: https://files.cnblogs.com/files/demingblog/%E5%8A%B3%E5%8A%A8%E4%BA%BA%E4%BA%8B%E4%BA%89%E8%AE%AE%E4%BB%B2%E8%A3%81%E5%8A%9E%E4%BA%8B%E6%8C%87%E5%8D%97.zip