Human resources department management system template collection

Chapter 38 Labor Relations Management (6)
Employee representatives are elected by the workers' congress or workers' assembly; company representatives are appointed by the legal representative or principal responsible person of the employer; trade union representatives are selected by the company's trade union committee.

The office of the mediation committee is located in the company's trade union committee, and the company will fully bear the expenses for mediation activities.

Article No.13 If members of the mediation committee participate in mediation activities and need to occupy production or working time, the employer shall provide support and regard it as normal attendance.

Article No.14 When applying for mediation, the parties should submit it to the mediation committee orally or in writing, and fill out the "Application for Labor Dispute Mediation".

Article No.15 After receiving the application for mediation, the mediation committee shall seek the opinion of the other party.If the other party is unwilling to mediate, the mediation committee shall notify the applicant in writing within three days.

Article No.16 When mediating a labor dispute, the mediation committee shall fully obtain the facts and reasons of the dispute from both parties, and conduct fair mediation in accordance with the law on the basis of ascertaining the facts.

Article No.17 The mediation committee's mediation of labor disputes shall be completed within one month from the date of application for mediation by the parties concerned.

If an agreement is reached through mediation, the mediation committee shall formulate a mediation agreement, which shall be signed by both parties and the mediation committee shall seal it.The mediation agreement shall be in triplicate, each party and the mediation committee shall keep one copy, and both parties shall consciously perform the agreement.

If a mediation agreement is not reached within the time limit or if one or both parties go back on their word after reaching a mediation agreement, the mediation shall be deemed unsuccessful.If the mediation fails, the parties may apply to the Arbitration Commission for arbitration within the prescribed time limit.

Article No.18 Under any of the following circumstances, the application for mediation may be deemed to be terminated:
(1) The party who applied for mediation withdraws the application.

(2) After mediation, both parties reach an agreement and sign a mediation agreement.

(3) The mediation fails.

(4) The mediation has not been completed within one month since the parties applied for mediation.

Labor dispute arbitration and litigation

Article No.19 The parties shall submit a written application for arbitration to the Arbitration Commission within two months from the occurrence of the labor dispute.

If a party applies for arbitration beyond the prescribed time limit due to force majeure or other legitimate reasons, the arbitration commission shall accept it.

Article No.20 Those who apply for labor dispute arbitration shall follow the relevant regulations and procedures of the local labor arbitration committee.

Article No.20 If a party is dissatisfied with the arbitral award, it may file a lawsuit in a people's court within [-] days after receiving the arbitral award.

No.20 Article [-] The parties shall perform the legally effective mediation or award within the prescribed time limit.If one party fails to perform within the time limit, the other party may apply to the people's court for compulsory execution.

(Continued)
by-laws
No.20 Article [-] The final interpretation right of these measures belongs to the Human Resources Department.

No.20 The four articles were discussed and approved by the general manager's office of the company, and these measures will come into effect on the date of promulgation.

Labor Dispute Management Process
When labor disputes arise between enterprises and employees, they should proceed step by step according to the management process, and strive to control the resolution of disputes within the enterprise.

×× company labor dispute management process
Fill in the department file number
Approver Approval Date
Parties Human Resources Department Mediation Committee Arbitration Committee Court
Labor dispute management documents
Labor dispute management documents are documents that companies and employees need to use when disputes arise. Some of these documents need to be prepared by the company itself, and some are provided by the superior mediation department.Enterprises should pay attention to the format of the document in compliance with the regulations when making it by themselves.

Application for Labor Dispute Mediation

Applicant Name:
Name of authorized agent:
Respondent's name:

Name of legal representative:
The claimant and the respondent have a labor dispute, and now the claimant applies to the labor mediation committee for mediation. The facts and reasons for applying for mediation are as follows.

Request:

(1)

(2)

(3)

(4)

Facts and reasons:
(1)

(2)

(3)

(4)

For this reason, apply to the mediation committee for mediation, and please conduct mediation in accordance with the law and fairly.

Applicant: (signature)
Date: Year Month Day
annex:

(1) x items of physical evidence;

(2) X piece of documentary evidence.

Note: A. The name, gender, ethnicity, unit, and address of the applicant and the agent must be filled out accurately and clearly; B. The mediation request should indicate the dispute that you want to pass through mediation and your own requirements; C. The facts and reasons should be stated The implementation of disputes between the parties and the reasons for supporting their mediation requests.

Labor Dispute Arbitration Appeal Registration Form

Complaint Date Year Month Day Noon

complainant

Basic Information
name gender ethnicity
Work Unit Position Date of Birth
Current address Contact number∕Mobile phone

respondent

Complaint specific
content and

Claim
Undertaker

Handling opinions
Undertaker: (signature and seal)
Date: Year Month Day
Remarks
Labor Dispute Mediation Agreement

() word number

applicant

Basic Information
Name (or name of employer) Gender
Current Address Position (Position)
Name and position of legal representative

Agent's name

Respondent
Name (or name of employer) Gender
Current Address Position (Position)
Name and position of legal representative

Agent's name

Specific reasons and reasons:
(1)

(2)

(3)

(4)

(Continued)
The dispute between the two parties listed above was caused by ××××. The applicant ×× filed an application for mediation with the Mediation Committee on ×××××××year. After the mediation was presided over by the Committee, the two parties reached an agreement as follows:
(1)

(2)

(3)

(4)

Applicant's signature and Respondent's signature

Director of the Mediation Committee (signature) Labor Dispute Committee (official seal)
Date: Year Month Day
Labor Dispute Arbitration Appeal

Complainant (respondent) respondent (complainant)
name unit
sex unit nature
Date of birth
Citizenship
People
Work unit representative or
Principal responsible person

Full name
性别
Date of birth
position
Current residential address unit address
Contact number∕Mobile phone number∕Mobile phone
Zip code
Requests are as follows:

(1)

(2)

(3)

(4)

Specific facts and reasons:
(1)

(2)

(3)

(4)

(Continued)
To sum up, the complainant initiated labor arbitration and requested the labor arbitration committee to make a fair ruling.

Sincerely,
×× Labor Dispute Arbitration Committee

Complainant: (signature)
Date: Year Month Day
annex:

(1) Copies x pieces.

(2) X items of physical evidence.

(3) X piece of documentary evidence.

Note: A. The request should clearly state the specific requirements; B. If there are not enough facts and reasons, additional pages can be added on paper of the same size; C. The number of copies of the appeal should be submitted according to the number of respondent; D. If the employer is the complainant, it should be stamped with the official seal of the unit, and the date must be filled in accurately.

Labor Dispute Withdrawal Application

Applicant Name:
Respondent's name:

Reasons and grounds for the original complaint (or appeal):
(1)

(2)

(3)

(4)

Reasons and grounds for withdrawal:
(1)

(2)

(3)

(4)

Sincerely,
×× People's Court
Applicant: (signature)
Date: Year Month Day
Comparison Table of Conflict Handling Strategies and Applicable Conflict Types

The types of conflicts that the policy type applies to

Mandatory strategy when decisive action is required in emergencies
When special measures are required to deal with important issues
Those who oppose unfair competition

When dealing with serious violations and accidents
avoidance strategies when dealing with insignificant issues

When dealing with a problem that has no possible solution
When the Loss of Solving a Problem May Outweigh the Gain
Compromise Strategy When both sides disagree and are evenly matched
When the situation is urgent and it is necessary to reach an agreement on the issue immediately
When the problem is important and cannot be solved in an authoritarian or cooperative way

When both parties have common interests but cannot reach an agreement by other means
When reconciliation strategies need to maintain a stable overall situation

When the intensification of conflicts will result in greater losses
When due to one's own mistakes or inferiority to the other party

When making concessions will bring long-term benefits

When the interests of the other party are more important than your own

Cooperation strategy When the two parties have common interests and can meet the wishes of both parties by changing the method and strategy

Labor Dispute Arbitration Withdrawal Application

The appellant ××× has filed a request to withdraw the appeal to the ×× Labor Arbitration Committee on the ×××××××××××××year.

The grounds for withdrawal are as follows:
Complainant: (signature or seal)

Application Date: Year Month Day
Labor Dispute Complaint

plaintiff:

defendant:

The plaintiff is dissatisfied with the ×× Labor Arbitration ×× Tribunal (Case) ×× Character ××× No. Arbitration Award (or Notification of Non-acceptance), and now files a civil lawsuit in the court.

Claims:

(1)

(2)

(3)

(4)

Specific facts and reasons:
(1)

(2)

(3)

(4)

Date Arbitration Initiated:
Details of the ruling:

(1)

(2)

(3)

(4)

Reasons and grounds for dissatisfaction with the ruling:
(1)

(2)

(3)

(4)

Other facts:

(1)

(2)

(3)

(4)

Sincerely,
×× City ×× District People's Court
Signatory: (signature)
Date: Year Month Day
annex:

(1) x copies of this complaint.

(2) A copy of the XX Labor Arbitration XX Tribunal (Case) Word XX No. XX Arbitration Judgment (or Notification of Non-acceptance).

(3) The original copy of the service certificate issued by the Labor Dispute Arbitration Commission of XX District, XX City.

Labor Dispute Counterclaim

Name of counterclaimer (defendant in this lawsuit):
Respondent (plaintiff) name:

Counterclaim request:

(1)

(2)

(3)

(4)

Specific facts and reasons:
(1)

(2)

(3)

(4)

Evidence and sources of evidence:

(1)

(2)

(3)

(4)

Sincerely,
×× People's Court
Prosecutor: (signature)
Date: Year Month Day
Attachment: x copies of this counterclaim.

Labor Dispute Appeal

Appellant Name:
Appellee's name:

Due to the case of ××, the appellant is not satisfied with the judgment of ××××年××月××日 (×) No. X of the ××× People’s Court, and now appeals.

(Continued)
Appeal request:

(1)

(2)

(3)

(4)

Reasons for appeal:

(1)

(2)

(3)

(4)

Sincerely,
×× People's Court
Appellant: (signature)
Date: Year Month Day
Attachment: ×× copies of this petition.

The principles that enterprises must master when operating the labor dispute management link:

(1) Insist on focusing on mediation.

(2) Communicate with the Labor Arbitration Committee in a timely manner to clarify the standards for arbitration awards.

In the specific operation link, also need to pay attention to the following points:

(1) Pay attention to collecting evidence in your favor (including whether employees have received labor contracts and other management systems and signed records).

(2) Find out whether there are audio and video materials.

(3) Collect witness testimony.

(4) Timeliness management.

(5) Use various documents correctly.

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The main contents of this chapter are: the management of labor contracts and the management of labor disputes.

The key to labor contract management is to prevent risks. From the signing of the labor contract notice to the termination of the labor contract, there are risks in every link during this period.

Issuing labor contract notices, legal documents urging employees to sign labor contracts with the unit within the statutory time limit, is the unit's obligation to perform honest negotiations.At present, some employees are unwilling to sign labor contracts with enterprises. At this time, if certain measures are not taken in advance, it is easy to fall into the risk of "double compensation".Therefore, it is particularly important to sign the labor contract notice, which can prove that the responsibility for not signing the contract in time is not on the enterprise side.

A labor contract is an agreement between employers and employees to establish labor relations and clarify the rights and responsibilities of both parties.The labor contract signed in accordance with the law is binding on both parties, and neither party may violate the contract. If it violates the contract, it must bear the corresponding liability for breach of contract.Once a labor dispute arises, the labor contract is the most important evidence.

The modification of the labor contract is a legal act that changes due to objective reasons, and the parties to the contract agree to modify some of the terms of the labor contract and execute them in accordance with the changed terms.When changing, the enterprise should adopt written form, and change under the principle of mutual agreement, fairness and voluntariness, and both parties must sign for confirmation.

The notice of rescission and termination of the labor contract means exercising the statutory unilateral termination right.It is divided into three types: negotiated termination, legal termination and agreed termination.The key point of risk prevention in this regard is the correct use of the notice.

The labor contract termination certificate is evidence to prove that the laborer and the employer have terminated or terminated the labor contract. The enterprise is obliged to issue this certificate in a timely manner according to law. The law stipulates that the employer shall handle files and social documents for the laborer within 15 days after the labor contract is terminated or terminated. Insurance relationship transfer procedures.

There are many reasons for disputes between enterprises and employees. As long as the disputes that have occurred are handled properly, they will not have too much impact.The process of processing has been described above, and here we reiterate the key points of each link:
Complaint handling is a communication mechanism within the enterprise, which is conducive to resolving conflicts and reducing disputes.However, internal grievance mediation within the enterprise cannot replace laws and regulations, and employees who are dissatisfied with the handling results can still apply for labor arbitration or appeal to the court.

When the dispute is about to be settled by the Labor Arbitration Committee, the company has clearly violated the law or misbehaved
Based on mediation or reconciliation, if the enterprise has no illegal or improper behavior, it must fully collect evidence and accept arbitration.

If dissatisfied with the arbitration result, either party may appeal to the local court.At this time, the enterprise can also choose the method of arbitration to deal with it.It should be noted that if the company has illegal or improper behavior, the longer the entire arbitration and litigation takes, the higher the company’s settlement cost will be.

If it is a collective dispute, due to the large number of people involved and the complexity of the situation, the enterprise should be particularly cautious in handling it, and if necessary, it can invite relevant local administrative departments to assist in participation.

bibliography

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