How to deal with the labor disputes in the graduates' employment?

Abstract: the current law has special provisions for the settlement of labor disputes. When labor disputes occur between employers and workers, the parties can apply for mediation, arbitration and litigation in accordance with the law, or also can be negotiated. When a graduate comes out of a school, he will encounter various problems on his way to employment. If there is labor dispute in employment, how to deal with it? What are the provisions of our current law?

Case: Xiao Zhang, a college graduate, found a good job through attending the recruitment fair. After signing labor contracts between both sides and establishing the labor relationship formally, Xiao Zhang found that the employer did not pay the labor remuneration according to the promise stipulated in the labor contract. Xiao Zhang has not been able to negotiate with the employer many times, and then, it has a big argument with the employer and flung off the sleeve. After 3 months later, Zhang to safeguard the legitimate rights and interests through legal means, the defendant has missed the best timing of legal protection.

Legal analysis: the current law has special provisions for the settlement of labor disputes.

First of all, the seventy-seventh provision of the People's Republic of China labor law stipulates: “ when labor disputes occur between employers and workers, the parties can apply for mediation, arbitration and litigation in accordance with the law, and they can also be negotiated.
Secondly, the "People's Republic of China labor law" provisions of article eighty-second: “ requests for arbitration shall within 60 days of the labor dispute arbitration committee a written application has occurred since the date of the labor dispute, arbitration should be made within 60 days of receipt of the application for arbitration. If there is no objection to the arbitral award, the party must perform it.
Thirdly, according to the spirit of the seventy-ninth provision of the labor law of the People's Republic of China, &ldquo, labor dispute cases must be sued by the labor dispute arbitration committee when it is arbitred. If a party refuses to accept the arbitration of labor dispute arbitration committee for labor disputes can be made, the arbitral award has filed a civil lawsuit &rdquo the people's court within 15 days of receipt;; so, in the case of Zhang and the employer can not solve the caused by the performance of the contract of the labor dispute through negotiation, mediation, he has filed an arbitration application in accordance with the law within 60 days from the date of the rights of the labor dispute, but because of lack of legal knowledge, Zhang in the 3 months before the arbitration, arbitration has been aging.

Personal opinion: after the formal establishment of labor relations, if the performance of the labor contract dispute, settlement through mediation or negotiation, if not resolved, can know or should know within 60 days of their rights have been infringed on, apply for arbitration to the Arbitration Commission in written form, the labor dispute arbitration of labor refuses to accept the dispute arbitration committee made, from the receipt of the arbitration award has filed a civil suit in a people's court within 15 days.

Topic: if there is a labor dispute solution, should take the way of law, in fact a lot of labor disputes can be resolved through consultation or mediation, and not as in the case of Zhang because of an irrational and missed the legal protection of aging.

Legal knowledge:

1, when the labor disputes, especially the labor disputes, should first be applied for arbitration immediately, that is, the labor dispute arbitration commission of various places. Only when the arbitration decision is unable to solve the problem, it can be taken to the basic court for litigation. The parties should keep the corresponding contract, the wages card flow and so on.

2, the legal limitation, solve any one case, have the appropriate time, if has been dragged, will cause a great waste of judicial resources. Therefore, when the problems, to timely exercise their litigation rights, should be timely to understand how long is this right of action, to ensure their own right in the aging period. Do not lose time because it not only makes it impossible to exercise its rights, but also makes the offended person get no punishment and continue to harm the society.