How to resolve labor disputes with employers?

2024-01-19

Many workers are unclear about how to protect their own rights and interests and what legal channels they need to take after labor disputes with employers? The relevant person in charge of the Mediation and Arbitration Management Department of the Ministry of Human Resources and Social Security answered this question. According to Article 4 and Article 5 of the Labor Dispute Mediation and Arbitration Law, after a labor dispute occurs, the employee can negotiate with the employer to resolve it. If a consensus is reached through negotiation, both parties can sign a settlement agreement. If the parties are unwilling to negotiate, fail to reach a settlement agreement, or fail to perform within the agreed time limit, the worker may apply for mediation to the mediation organization in accordance with the law, or may apply for arbitration to the labor dispute arbitration committee in the place where the labor contract is performed or where the employer is located in accordance with the law. Can labor disputes be directly brought to the people's court? The person in charge of the Mediation and Arbitration Management Department of the Ministry of Human Resources and Social Security stated that according to the relevant provisions of the Labor Dispute Mediation and Arbitration Law, "negotiation mediation arbitration litigation" is the basic procedure and method for handling labor disputes in China. Among them, negotiation and mediation are not necessary procedures and can be voluntarily chosen by both parties. However, arbitration is a prerequisite procedure for litigation, and only after arbitration by the Labor Dispute Arbitration Committee can those who are dissatisfied with the arbitration result file a lawsuit with the people's court. In order to facilitate the rights protection of the parties, the Ministry of Human Resources and Social Security has developed the "Internet plus+Mediation" service platform, which provides online application for labor and personnel dispute mediation, case processing progress query, laws, regulations and policies query and other services. Through this platform, the parties involved no longer need to submit mediation applications on-site and can directly submit them online. The parties involved can log in to the National Labor Dispute Online Mediation Service Platform, or obtain online mediation services through channels such as the National Government Service Platform, the Human Resources and Social Security Government Service Platform, or the Electronic Social Security Card. (Lai Xin She)

Edit:Wangchen    Responsible editor:Jia Jia

Source:People.cn

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