How To Avoid Risks When Applying For Labor Arbitration?

The 7 risks of labor arbitration should be avoided by parties involved in labor disputes.

The 7 kinds of labor dispute risks are:

The risk of improper arbitration request.

When applying for arbitration, a party shall, according to the objective facts and relevant laws and regulations, submit a request for the scope of acceptance of the labor dispute arbitration, otherwise the party shall bear the corresponding responsibility.

The labor dispute arbitration committee will not support its improper request.

Exceeding the risk of arbitration.

The parties shall submit a written application to the labor dispute arbitration committee within 60 days from the date of the occurrence of the labor dispute when the arbitration request is submitted. The date of the occurrence of the labor dispute refers to the day when the party knows or should know that his rights are infringed.

Those who exceed the time limit for arbitration shall not support their request.

Not paying the arbitration fee on time.

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The parties shall, within 5 days from the date of receiving the notification of the case, hand in the case acceptance fee and processing fee according to the regulations.

If there is any difficulty in paying the arbitration fee, the parties concerned may apply in writing and submit the proof of the relevant department, and the labor dispute arbitration committee shall decide whether the fee shall be reduced, reduced or avoided.

If the complainant fails to prepay the case acceptance fee or processing fee without any reason, he shall voluntarily give up the appeal.

The risk of not appearing on time.

If the court fails to appear in court or fails to withdraw from the court without permission, the defendant shall be sentenced to default in accordance with the withdrawal procedure.

The risk of proof is not enough.

If no evidence or evidence provided is insufficient to prove its claim, the party who bears the burden of proof shall bear adverse legal consequences unless otherwise provided by law.

Risk of misconduct.

The parties should put forward their own opinions and seek truth from facts. The evidence submitted to the Arbitration Commission shall be the original or original or the duplicate copy or duplicate certified by the Arbitration Commission.

The parties shall not make false statements or forgery, otherwise they will bear corresponding legal liabilities.

The risk of changing the arbitration request over time.

If the party increases or changes the request for arbitration or counterclaims, it shall be submitted within the time limit specified or permitted by the labor arbitration commission. If the time limit exceeds the time limit, the Arbitration Commission will not accept it.