Usually, the laborer inside the company may produce a few issue with the company, in this moment we protect our rights and interests with respect to need, when is laborer undertaking thought fors the time being, need what to problem note so?
One, produce labor dispute worker how thought fors the time being
1, labor dispute belongs to the limits with censorial labor, party fills in " complain registration form " . Belong to labor of arbitral limits, party fills in " labor dispute is arbitral requisition " .
2, condition of put on record accords with after examining, labor is censorial the evidential data that provides according to party both sides and inquiry circumstance, undertake investigating obtaining evidence, make according to actual condition next instruct correct, the administrative processing, processing such as administrative punishment. The sun of put on record has the 60 end a case inside day. Truly because details of a case is complex cannot of end a case, via 30 days can be being lengthened after ranking leader is approved.
3, attribute labor dispute via understanding, party applies for to be arbitrated by area labor committee executes order of put on record, sessional, ruling. Case of adjudication labor dispute ought to accept the 45 inside day ends since the day of application oneself, details of a case is complex need delay, via ranking approval, can extend deadline but must not exceed 15 days.
2, the note when laborer thought fors the time being
1, improve oneself quality, learn a law to know law usage.
Broad laborer must study literacy knowledge and relevant law seriously, accomplish learn a law to know law, usage knowing a way, enhance legal sense, know weapon of use use statute to protect him interest, improve oneself quality ceaselessly, once produce controversy issue, want to ask labour union in time to thought fors the time being or invite attorney representative, seek legal help.
2, the presence that notices to collect the evidence related to working relationship to want to prove labor concerns. Before producing controversy for instance, be about to notice unit of collect choose and employ persons hires record of record of invite applications for a job, check on work attendance, salary to pay proof, pay card of each insurance record, employee's card, discrepancy, job arrangement, attend a meeting announcement, expense account is occupied etc, labor exists in order to prove laborer follows choose and employ persons really to concern between the unit.
Obtain one-sided of unit of choose and employ persons to stop the evidence that labor concerns. For instance of the unit written remove dispatch of testimony of record of working relationship announcement, talk, witness, company is waited a moment.
Do not sign labor contract like unit of choose and employ persons or not contract of labor of renew one's subscription, obtain unit of choose and employ persons not to conclude as far as possible labor contract or intended and protracted not the evidence of contract of labor of renew one's subscription. The oral recording of protracted renew one's subscription or certify to wait excuse of the concerned form that testimony of the conversational record that for instance you ask the unit signs labor contract with you as soon as possible, witness, unit wants you to fill in, unit a moment.
3, seek settle a way
After obtaining afore-mentioned evidence, laborer can talk things over with unit of choose and employ persons, in an attempt to is reached reconcile. But, need to be fulfilled by bilateral consciousness, be like one party nonperformance, other one party cannot apply for a court to be carried out compulsively, if unit of choose and employ persons sets labor dispute to mediate committee, laborer can mediate committee to apply for to mediate to labor dispute. The end inside 30 days is mediated since the day that committee of labor dispute mediation ought to apply for to mediate from party. Expire to did not end, regard mediation as to won't do, namely cannot long tone not definitely. Additional, although mediate a success, intercessory agreement also cannot enforce on the law the effectiveness that carry out.
If talk things over to won't do with mediation, apply for labor arbitration. Laborer also need not be passed talk things over with intercessory process, immediate application labor is arbitral. Attention, the labor dispute of seat of unit of 60 days of indrawn choose and employ persons since the day that laborer should produce in labor dispute arbitrates committee applies for labor to arbitrate, exceed the time limit applies for, labor dispute arbitrates committee will not be accepted. Need as a result of what arbitrate the program is to settle labor dispute classics program, laborer will lose the right that gets legal protection because of exceeding arbitral effectiveness for a given period of time. The day that labor dispute produces laborer knows or should know its right namely by enroach on day.
Above content is relevant answer, usually, if a few issue produce between laborer and company, so general situation attributes labor dispute, when laborer is undertaking thought fors the time being, can undertake complaining to relevant section, also can undertake prosecution in the court.
