1. Where is the labor arbitration in Yuhang District solved?
1, Yuhang District Labor Arbitration Institute of Hangzhou, located at No.239, Donghu Middle Road, Yuhang District, Hangzhou, Zhejiang Province, with convenient transportation. We welcome superior leaders to guide us and all sectors of society to jointly supervise us. According to state regulations, township finance has been made public. Please contact us for details. In order to better serve the public, Yuhang District Labor Arbitration Institute opened the Weibo. For news media interviews, please contact the superior propaganda unit in advance. With the rapid economic development since the reform and opening up, our unit has actively responded to the call, adhered to the people-oriented principle, vigorously promoted economic development and revitalized the market.
Member type: ordinary member (real name authentication is not required)
Main projects: labor dispute arbitration
Turnover: data to be updated
Registered capital: to be updated
Number of employees: not filled in.
Legal representative:
Registered address: No.239 Donghu Middle Road, Yuhang District, Hangzhou, Zhejiang Province
Company registration time:1July, 986.
2. Yuhang District Labor and Personnel Dispute Arbitration Commission of Hangzhou Municipality
Permanent Address: Room 787, 7th Floor, Citizen's Home, No.265 Nanyuan Street South Street, Yuhang District, Hangzhou.
Postal code: 3 1 1 199
Tel: 86223 134
Jurisdiction: labor disputes within the administrative area of Yuhang District, Hangzhou.
Second, the procedure of labor arbitration
1, arbitration procedure
According to the Labor Law, Conditions for Handling Labor Disputes in Enterprises and Rules for Handling Labor and Personnel Disputes, labor dispute arbitration shall be conducted according to the following procedures.
2. Application
Labor dispute cases must be applied to the Arbitration Commission, otherwise, the Arbitration Commission has no right to arbitrate.
According to the Labor Law, the party requesting arbitration shall submit a written application to the Labor Dispute Arbitration Committee within 60 days from the date of the labor dispute. If the parties fail to apply for arbitration within the prescribed time limit due to force majeure or other legitimate reasons, the Arbitration Commission shall accept it.
When a party applies to the Arbitration Commission for arbitration, it must submit a written application, which shall specify: the name, occupation, address and work unit of the complainant, the name and address of the enterprise, and the name and position of the legal representative; The situation of the respondent; Appeal request and factual basis; Qualification and agency authority of the entrusted agent; The date of condemnation, etc.
3. Review and acceptance
After receiving the application for arbitration, the office of the Arbitration Commission shall examine the following matters: whether the complainant has a direct interest in the case; Whether the dispute applying for arbitration is a labor dispute; Whether the labor dispute applying for arbitration falls within the scope of acceptance of the Arbitration Commission; Whether the labor dispute falls within the jurisdiction of this Arbitration Commission; Whether the complaints and related materials are complete and meet the requirements; Whether the appeal time meets the requirements of applying for arbitration, etc. If the complaint materials are incomplete or the relevant information is unclear, the complainant shall be informed to supplement.
To meet the acceptance conditions, the office of the Arbitration Commission shall fill in the Approval Form for Filing a Case, and the person in charge of the Arbitration Commission or its office shall approve and make a decision within 7 days. If it decides to file a case, it shall notify the complainant within the day when the decision is made, send a copy of the complaint to the respondent, and inform him to submit the defense and evidence within 15 days. If it decides not to file a case, it shall make a notice of not filing a case within 7 days from the date of making the decision and serve it on the complainant.
4. Preparation for arbitration
1
Form an arbitration tribunal. The Arbitration Commission shall, within 7 days from the date of filing the case, form an arbitration tribunal according to the provisions of the Organizational Rules of the Labor Dispute Arbitration Commission. For cases with clear facts, simple cases and clear application of laws and regulations, the Arbitration Commission may appoint 1 arbitrators to act as agents alone.
Make withdrawal decisions on members of the arbitration commission, appointed arbitrators, clerks of the arbitration tribunal, appraisers, inspectors and translators who should be withdrawn.
3 investigate and collect evidence. The personnel of the arbitration tribunal shall carefully read the pleadings and pleadings of the parties, investigate and collect evidence, and find out the disputed facts. Problems that need inspection or appraisal shall be submitted to the statutory department. If there is no statutory department, the arbitrator will entrust the relevant department to execute it. Local arbitration committees may entrust investigations to each other, and the entrusted party shall complete the investigation within the time limit required by the entrusting party. If it cannot be completed for some reason, it shall notify the entrusting party's arbitration commission within the prescribed time limit.
4. Draft an arbitration scheme. Members of the arbitration tribunal shall, according to the facts of the investigation, draw up a plan to solve the labor dispute.
5. Arbitration trial
1 notify the parties. When trying a labor dispute case, the arbitration tribunal shall serve a written notice on the members of the arbitration tribunal, the time and place of the hearing, etc. on the parties four days before the hearing. If a party refuses to appear in court without justifiable reasons after receiving the notice, or voluntarily withdraws from court without the permission of the arbitration tribunal during the court session, it shall reject the appeal and rule that the defendant is absent.
2 mediate first. When trying a labor dispute case, the arbitration tribunal shall mediate first. If mediation fails, arbitration shall be conducted in time. If an agreement is reached through mediation, an arbitration mediation agreement shall be made, signed by both parties, signed by the arbitrator, stamped with the seal of the Arbitration Commission and served on both parties. If the mediation fails to reach an agreement, or the parties renege before the mediation is served, or the parties refuse to accept the mediation, the arbitration tribunal shall arbitrate in time.
3 court ruling. The arbitration tribunal shall hear labor dispute cases in accordance with the following procedures: the clerk shall find out whether the parties, agents and relevant personnel appear in court and announce the discipline of the arbitration tribunal; The presiding arbitrator announced the opening of the court session, announced that the arbitrator's secretary applied for withdrawal and announced the cause of action; Hearing the arguments of the complainant and the defendant; Arbitration by means of investigation
To investigate the issues that need further understanding in court and ask the final opinions of both parties; According to the opinions of the parties, mediation in court; If mediation is inappropriate or no agreement is reached, the court shall adjourn in time and make a ruling; The arbitration tribunal reconvenes and announces the arbitration award; For difficult cases that need to be submitted to the arbitration commission for decision, the arbitration tribunal may announce an extension of the award.
Making arbitration awards. After the arbitration tribunal has made an arbitration award, it shall make an arbitration award. The arbitration award shall be signed by the arbitrator, stamped with the seal of the Arbitration Commission and served on both parties. If the arbitral tribunal makes an award in court, it shall send the award within 7 days from the date of making the award; If a separate ruling is made regularly, it will be made in court.
5 Time limit for arbitration. 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.
The above contents provide you with two departments that can conduct labor arbitration in Yuhang District, Hangzhou, and also introduce the procedures of labor arbitration in detail, hoping to help you in these aspects, especially friends in Yuhang District, Hangzhou. There are legal steps and ways to deal with labor dispute cases, and relevant departments must follow these procedures. You can consult a lawyer for more relevant knowledge.