Xu Mou and Guo Mou are the undergraduate of strong finish school together, both sides goes to work in same home company, conventional probation is 3 months, social security is bought after becoming a full member. However, full after entering office a month, the unit still did not sign labor contract with them, till try out expires, and of the contract case calculate time to rise by the time that become a full member calculate.
But, since entering job half an year, the company often asks they work overtime and with them be overtime does not pay for the trainee, in addition the peccadillo fault that still exists to them on the job has salary of embezzle part of what should be issued, and protracted hair salary waits ill will a moment to compress the case of labour force, then they offerred resignation to the company.
In abdication after a many month, the resignation that they just obtain a company to extend the salary that month, and return without reason was buckled by the company half salary, very ill-affected to this Xu Mou, be compressed by the company not only, had not acquired what knowledge, wasted the time of large half an year, then the decision should apply for labor arbitration, requirement company is right do not sign the contract and the deed that do not buy social security, embezzle part of what should be issued, behavior seek redress that defaults salary in probation. And although refuse to obey,Guo Mou thinks, but of arbitral what very troublesome, oneself also are not very understand, still do not win the lawsuit certainly, accordingly, do not want to waste time.
Then, after Xu Mou seeks advice to the lawyer in the course, the guidance that presses a lawyer mentioned to arbitrate to the company. After a month, arbitral bureau gave arbitral ruling, requirement company pays 15000 yuan compensation to Xu Mou, and Xu Mou spent 2000 yuan retaining fee merely.
Guo Mou is in after be informed, also want to apply for the arbitration, however relevant evidence, chat for example record, the evidence such as working overwork record had been cleared, be not worth finally because of evidence and be not supported.
With respect to this case, law Wu side reminds everybody: Produce labor dispute, must seasonable to lodge a complaint, besides the legitimate rights and interests that safeguards oneself, the following you should know the reason of to lodge a complaint without fail at 5 o'clock, regret like Guo Mou otherwise trashy also.
Reason one: Labor arbitration is free
Because laborer is weak force group of the society originally, do not suffer enroach on to ensure the legitimate rights and interests of laborer, jural " labor law " , " labor contract law " the protective object that wait is laborer, when producing labor dispute, laborer can mention labor is arbitral, and basis " dispute of labor of People's Republic of China mediates arbitral law " fiftieth 3: Labor dispute arbitration does not collect fees. Labor dispute arbitrates the funds of committee is given by finance safeguard.
Reason 2: Labor arbitration decides outcome, the unit takes anything but to cutting into parts cannot to lodge a complaint
According to legal provision, the labor dispute of form belongs to the following affection to decide outcome, to cutting the arbitral disaffected of end case into parts, only laborer can be sued to the court, unit cannot to lodge a complaint.
1, recover medical treatment of work reward, inductrial injury cost, economy is compensated or compensation, do not exceed local month minimum wage standard the controversy of 12 months amount;
2, because implement working standard of the country,be in working hours, rest the controversy that off, society is sure to wait for respect happening.
Reason 3: Of work litigation, case legal cost is 10 yuan only
Basis " litigant expenses pays way " hand in a standard to set about litigant expenses: Labor dispute case hands in 10 yuan every. Accordingly, even if to forensic to lodge a complaint, requires cost is 10 yuan only, very low, even if do not win the lawsuit, also do not have what loss to oneself.
Reason 4: The effectiveness for a given period of time of labor dispute is a year, expire not to get legal protection
According to legal provision: During controversy files arbitral effectiveness for a given period of time, labor is a year. Know from party during arbitral effectiveness for a given period of time or ought to know its right by enroach on the computation since day.
Accordingly, labor dispute mentions the arbitration has time restriction, because of,be like protracted and the effectiveness for a given period of time that exceeded a year, want to apply for labor arbitration again, the support of unavailable law.
Reason 5: Relevant evidence relatively collect easily, be in advantage position
Normally the unit damages worker rights and interests, it is because of the in-house regulation of a few companies, and these regulations not agree with mostly lawful law provision, the reason that overtime does not pay in this case for example cannot hold water namely, accordingly, want laborer to refer the time that work overtime to prove only, the legitimate rights and interests that safeguards oneself effectively; Accordingly, be damaged in rights and interests when, be about much more advertent, evidence protects him related institutional reservation, go as time otherwise, want to collect relevant proof again, a few advantageous probable with respect to bed sheet destroy by melting or burning.
