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Arbitration Mediation Has Entered Into Force And Arbitration Will Not Be Accepted.

2016/12/11 22:14:00 19

ArbitrationLabor RelationsLabor Law

Ms. Yang is a migrant worker and migrant worker. In 7 month of 2014, she entered a property company and worked as a cleaning worker with a monthly salary of 3200 yuan.

Since the end of 2015, the company has paid social insurance for it.

Since then, because of the company's adjustment of its jobs and the reduction of its wages, she has proposed leaving.

In June 2016, Ms. Yang applied to the Fengtai District labor dispute arbitration committee.

arbitration

For a ruling: the property company pays 6400 yuan for its cancellation of the labor contract and 17 thousand yuan for the payment of social insurance premiums.

In the course of arbitration, the mediation committee issued a mediation agreement to the mediation committee of the Fengtai District labor dispute mediation committee.

The agreement states that the property company pays 1500 yuan for the salary difference of Ms. Yang, and the two sides terminate their labor relations without any other disputes or disputes.

At the same time, the company paid another 10 thousand yuan of unpaid social insurance premiums, but it was not stated in the mediation agreement.

In September 2016, when the mediation agreement came into effect, Ms. Yang once again applied for arbitration to the Fengtai District labor dispute arbitration committee. The application said that the mediation agreement was only for the part of the unpaid social insurance part and the unpaid wage difference. The mediation amount was not resolved and did not contain the economic compensation for the termination of labor. Therefore, the ruling was requested: the property company paid 6400 yuan for the economic compensation for the dissolution of the labor contract.

Recently, the Arbitration Commission ruled that Miss Yang's arbitration request was dismissed.

Miss Yang has not yet brought a lawsuit, and the ruling has come into force.

The arbitrator said that the reason for rejecting Ms. Yang's request was mediation.

Agreement

It has been stated that there are no other disputes and disputes between the two sides.

According to the mediation agreement, it can be concluded that both sides have taken disciplinary actions against the various labor rights of Ms. Yang, and the property company has fulfilled the mediation agreement as agreed. Therefore, Ms. Yang further advocated that the property company pay the arbitration request for the economic compensation for the dissolution of the labor contract, which lacked the factual basis and the arbitration committee could not support it.

The arbitrator also said that the focus of the case is

Labor dispute

Whether the mediation committee's effective arbitration mediation can be applied to the principle of "no longer matter".

In fact, the arbitration mediation made in accordance with the law has the same legal effect as the arbitration award and the court conciliation statement.

After the arbitration mediation agreement came into effect, the applicant once again applied for arbitration on the same facts, identical reasons and the same arbitration request, which obviously violated the arbitration principle of "no matter of reason".

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In the employment recruitment, "dialect priority" is considered to be employment discrimination. It is also arbitrary and arbitrary.

This is because if the requirements of the job and the nature of the job are not related to whether or not the dialect will be spoken, then "dialect priority" is artificially and extra recruitment threshold, which will not be blocked by dialects, especially by foreigners.

However, if relevant work, specific posts must be used in the local dialect, or dialect will obviously contribute to the work, then the condition of "dialect priority" belongs to the rational selection of recruitment units, rather than employment discrimination.

Pingdingshan east station closely linked the implementation of the annual leave system with the protection of the legitimate rights and interests of workers. It actively solicited employees' vacation wishes and made arrangements in advance to ensure the implementation of the annual leave system.

The station announced the conditions for the annual leave of the employees, and selected the workers who could enjoy the holidays during the year, according to the characteristics and rules of their posts, and arranged to take a vacation in the relatively relaxed working period.

At the same time, the establishment of the annual leave registration management ledger, do a good job in the annual leave unified arrangement and coordination work.

As of the end of November, the annual implementation rate of the staff of the station has reached over 90%.

For more information, please pay attention to the world clothing shoes and hats and Internet cafes.



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