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HOW TO SOLVE LABOR DISPUTES
发布时间:2019-01-09 15:42

Primary means of settlement:

1, a negotiated solution: most of the labor dispute, went to court are basically lose-lose.
For an individual, a arbitrament and walk to the end, even if you can get some compensation, but after pay legal fees, do not live up to you about a year to a year and a half?For companies, with or without truth, more or less will be sentenced to pay a little money, and there are other similar staff will happen, also worth thinking about.Therefore, the ideal way is to talk things over solve, according to the law of value, a 6 fold the left and right sides, the two sides should be relatively easy to accept.

2, inspection team complaints: the more damage, if it is to be named, complaints must reply employees, companies don't want to drag drag.Will require companies to provide a lot of things, very trouble.

3, filed a complaint to the labor dispute arbitration committee: this seemingly fair for both parties, but is one of the most costly way.But now arbitration commission and the courts will be put forward in the court mediation, the two sides can best raised solution solved in court, both to save time and effort, the legal effect of the conciliation statement is enough.According to China's "labor dispute mediation arbitration law" stipulated in article

The scope of labor dispute is:

(1) for confirmation of disputes of labor relations;

(2) because of the change of formation, implementation, and disputes arising, remove and terminate the labor contract;
(3) due to the removal, dismissal and resignation of disputes, leaving the;
(4) because of working hours, rest and vacation, social insurance, welfare, training and labor protection of disputes;
(5) due to the labor remuneration, work injury medical treatment cost of disputes, economic compensation or damages, etc;
(6) laborer and unit of choose and employ persons in the process of performance of the labor contract disputes;
(7) between the laborer and unit of choose and employ persons did not conclude a written labor contract, but has formed after labor relations disputes;
(8) laborer after retirement, and have not the original unit of choose and employ persons to participate in social insurance as a whole because of recourse pension, medical treatment, treatment of inductrial injury insurance and other social insurance disputes;
(9) the provisions of other laws and regulations of labor dispute.