发生劳动争议,如何申请调解、仲裁?
蓝色柳林财税室·2025-12-24 09:44

Core Viewpoint - The article outlines the basic procedures and methods for resolving labor disputes in China, emphasizing the steps of negotiation, mediation, arbitration, and litigation [2]. Group 1: Labor Dispute Resolution Process - The process for resolving labor disputes typically follows the sequence of negotiation, mediation, arbitration, and litigation, with negotiation being the first step [2]. - If negotiation fails, workers can apply for mediation or arbitration through designated organizations [2][3]. - Litigation is only an option after arbitration, as parties must first go through arbitration before approaching the courts [2]. Group 2: Mediation Application - Mediation involves the parties applying to a mediation organization, which facilitates voluntary agreements through persuasion and guidance [3]. - There are three main types of mediation organizations: enterprise labor dispute mediation committees, legally established grassroots mediation organizations, and local organizations with mediation functions [4]. - The "Internet + Mediation" service platform developed by the Ministry of Human Resources and Social Security allows parties to apply for mediation online and track case progress [5]. Group 3: Arbitration Application - To apply for arbitration, parties must submit a written application to the labor dispute arbitration committee at the location of the labor contract or the employer [8]. - The arbitration application is free of charge, and applicants must provide specific personal and employment details [8]. - Common types of disputes suitable for arbitration include those related to labor relations, contract issues, and compensation claims [8]. Group 4: Arbitration Process - After receiving an application, the arbitration committee will hold a hearing within a specified timeframe, allowing parties to present their cases [10]. - If mediation fails, the committee will issue a ruling based on the evidence presented [10]. - Parties dissatisfied with the arbitration ruling can appeal to the competent people's court or apply for annulment of the ruling [11].