The photograph inside Shanghaiguan of pattern plate of labor dispute indictment is allowed, look together.
One, pattern plate of labor dispute indictment
Appeal person:
Full name
Sexual distinction
The age
Person be appealinged to:
Legal representative:
Address:
Request item: ___________________________________________________________________
Fact and reason: (Include evidence and evidential source, the circumstance) such as witness full name and address:
___________________________________________________________________
Your's sincerely
Labor dispute is arbitral committee
Appeal person: ___________(autograph or affix one's seal)
__________ year day of _______ month _________
Add:
1, carbon __________ portion
2, portion of material evidence __________
3, portion of book card _________
2, labor dispute feature
⑴ labor dispute is the controversy between working relationship party. Working relationship party, one party is laborer, other one party is unit of choose and employ persons. Laborer basically is the worker that shows with the enterprise in Chinese churchyard, microeconomic the organization builds labor contract to concern and the worker that establish labor contract relationship with organization of organization of national office, career, society. Unit of choose and employ persons is to point to the enterprise in Chinese churchyard, microeconomic organization of organization of organization and national office, career, society concluded with laborer the unit of labor contract. The controversy that produces between the person that do not have capacity of principal part of impact of labor law rule, do not attribute labor dispute. If controversy is not to happen between party of working relationship both sides, although controversy content involves labor issue, also do not make labor dispute. Be like, the controversy that happens in the process is working between laborer, the controversy that happen flows because of labour force between unit of choose and employ persons, laborer person or the controversy that happens in unit of choose and employ persons and labor administration, the controversy that laborer or unit of choose and employ persons and labor service produce in labor administration, laborer or unit of choose and employ persons and labor service main body serve the controversy that happens in the process to wait in labor, do not belong to labor dispute.
The content of ⑵ labor dispute involves benefit of right to work and labor obligation, it is the controversy that concern to realize labor and generates. Working relationship is relation of obligation of benefit of right to work, if not be to realize right to work between laborer and unit of choose and employ persons,benefit is mixed the controversy that labor obligation range occurs, do not belong to the category of labor dispute. Benefit of right to work and the content with compulsory labor are very extensive, include penalty of material benefits of obtain employment, salary, man-hour, labor protection, labour insurance, labor, vocational training, democracy management, award to wait.
⑶ labor dispute can be behaved already contradict for nonantagonistic, also can behave contradict for antagonism, and, both can change each other below certain condition. Be in usually, labor correct expression contradicts for nonantagonistic, bring adverse effect to society and economy.
3, labor dispute limits
The limits of labor dispute, there is different regulation in different country. According to China " labor dispute mediates arbitral law " the 2nd regulation, the limits of labor dispute is:
(One) the controversy; that happens because of affirming labor concerns
(2) because conclude, fulfill, the change, controversy; that remove and stops labor contract to happen
(3) because remove sb's name from the rolls, dismiss and abdication, leave one's post the controversy; that happen
(4) because of working hours, rest insurance of off, society, welfare, groom and the controversy; of labor protection happening
(5) because work,cost of medical treatment of pay, inductrial injury, economy is compensated or the compensation controversy; that happen
(6) the dispute; that laborer and unit of choose and employ persons produce in fulfilling labor contract process
(7) did not conclude between laborer and unit of choose and employ persons written labor contract, but the dispute; that after already forming labor to concern, happens
(8) after worker is retired, because unit of as former as what have not attend a society to be sure to plan as a whole servant recovers the dispute; that pay of insurance of cost of annuities, medical treatment, inductrial injury and other society are sure and happens
(9) the other work dispute that law, code sets.
The processing of labor dispute is in jural be to specific legislation sets, when be being handled so must be good law sets.
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