Application for Labor Arbitration Article 1
The applicant:xx, female, Han nationality, date of birth, residence?
Respondent: xxx company
Address: xx
Legal representative: xx, Tel: xxx
Application:
A request for a ruling in accordance with the law, the respondent for the applicant to make up for the payment of social pension insurance premiums and late payment of a total of 1xxxxx yuan.
Two requests for a ruling that the Respondent should pay the applicant's medical insurance premiums and late payment fees totaling RMB 1xxxxx
Three requests for a ruling that the Respondent should pay the applicant's double wages totaling RMB 26xxx (from January 2010 to the present)
Facts and Reasons:
The applicant has worked for the Respondent since March 5, 2010, and now works at the Respondent's office. The Applicant has been working for the Respondent since xxx5, March x, and is now working as the Sales Manager of the Company, and a de facto `labor relationship' has been formed between the two parties.
The Respondent has never paid any insurance to the Applicant since he worked for the Respondent, and has not signed a written labor contract with the Applicant.
The applicant believes that according to the Labor Contract Law and other related laws, the employer should sign a labor contract with the worker and pay all kinds of insurance for the worker, but the respondent has never paid all kinds of insurance for the applicant, which is in violation of the law, and in order to protect the applicant's lawful rights and interests, the applicant has repeatedly asked for insurance, but the respondent has refused to pay.
In order to safeguard the legitimate interests of the applicant, the applicant applies for labor dispute arbitration, requesting the respondent to pay the insurance and late payment fees for the applicant, and to pay double wages to the applicant in accordance with the law. No.
Respondent: Haikou ××× Market Management Co.
Address: 2nd Floor, Fruit Market, Zhongshan South Road, Fucheng Town, XXXX District
Legal representative: ×××
Application matters:
1. Request for confirmation of the existence of a labor relationship between the applicant and the respondent between the period of September 15, 20XX and May 18, 20XX;
2. The Respondent shall, in accordance with the law, pay back to the Claimant for the period from September 15, 20xx to May 18, 20xx the five insurance policies of pension, medical care, unemployment, work injury and maternity insurance, the specific amount to be determined by the Social Insurance Bureau;
3. The Respondent shall, in accordance with the law, pay the Claimant the overtime wages for the period from September 15, 20xx to March 13, 20xx;
4. the Respondent shall, in accordance with the law, pay the Claimant the overtime wages of RMB 1.00 per month. March 13, overtime wages of RMB 111,384 yuan [12 × ( 『850 ÷ 21.75 』 × 10 × 3) + ( 『850 ÷ 21.75 』 × 104 × 2)];
4. request that the respondent to pay the applicant in accordance with the law, the applicant did not enter into a written labor contract of 11 months of the difference in double wages of RMB 23,045 yuan 〔1471 + (8 × 2 × 『1471 ÷ 21.75 』) + (2 × 2 × 『1471 ÷ 21.75 』) + (8 × 2 × 2 × 『1471 ÷ 21.75)) 1471÷21.75』)×11];
5. Requesting the Respondent to pay the Claimant the compensation of RMB54,470 for the termination of the labor contract in violation of the law [1471+(8×2×『1471÷21.75』)×13×2].
Facts and reasons:
The Applicant was introduced to the Respondent on September 15, 20xx, and was employed as a sanitation worker. During the period of employment, the Applicant strictly abided by the Respondent's rules and regulations every day, and worked conscientiously and diligently, commuting to and from work from 7.00 a.m. to 11.00 a.m. and from 16.00 p.m. to 20.00 p.m. on a regular basis. In the fruit market trading season, in order to complete the day's work, every day have to work until 20.00 after work; never have holidays, no rest days, such a state of work has continued until March 12, 20xx.
In the afternoon of March 12, 20xx, the respondent suddenly informed the applicant verbally that "the road surface in the fruit market is being renovated, not so many people, you do not come to work tomorrow, two months after the road surface renovation is completed and then come back to work. One month later, on April 27, 20xx, the Claimant asked the Respondent's legal representative, Qiu Tianzhuo, when he would be able to come back to work, and he said, "The road surface has not yet been repaired, so I can't come back to work for the time being". Afterwards, the Claimant took the initiative to work with the workers when he saw that they had a lot of work to do. By May 18, 20xx, because the road had been repaired, the applicant again asked the respondent when he could go to work, but the answer was "the road is done, no need for people"! So, the applicant was forced to resign by the respondent.
From September 15, 20xx to May 18, 20xx, the applicant worked for the respondent in these years, the respondent that did not sign a written labor contract with the applicant, has never been to the applicant to buy any kind of social insurance, and more to the applicant did not pay overtime wages. The applicant has repeatedly claimed the legal rights and interests of the respondent, and requested the respondent to pay social insurance premiums and overtime wages for the applicant, but to no avail.
In summary, in view of the respondent's behavior is a serious violation of the "People's Republic of China *** and the State Labor Law" and "the People's Republic of China *** and the State Labor Contract Law" of the relevant provisions, forced to force, the applicant in order to safeguard their legitimate rights and interests not to be infringed upon, the decision to your committee in accordance with the law to file a labor arbitration, and I implore you to support the applicant all the arbitration requests.
Hereby
xxxx District Labor and Personnel Dispute Arbitration Committee
Applicant:
Date
Application for Labor Arbitration Article 3
Applicant: Huxx
Gender: male
Age: 37 years old Identity Card Number: 4301231976112541xx
Ethnicity: Han
Family Address: xx County, Liuyang City
Correspondence Address: xx County, Liuyang City
Tel: 152xx199827
Respondent: Liuyang City, xx Machinery Equipment Manufacturing Co. p>
Address: No. xx319, Liuyang City
Legal representative: Xiao xx
Tel: 13908497528138759598xx
Head of the company: Xiao Hongliang General Manager Tel: 159xx123435
Deng Guofu Manager Tel: 139xx497528
Office address: Liuyang City xx Machinery Equipment Manufacturing Co. p>
Office Location: No.32, xx Road, Liuyang City
Reference: Tang xx Tel: 187xx007051
Residence: xx Town, Liuyang City
Position: Shift Worker at Construction Site
Application
1. Application for the Respondent to pay for Hu Jirong to be discharged from the hospital due to the work injury for the implementation of the Waxing Therapy, Magnetic Therapy, Passive Joint Mobilization Technique and the Joint Mobilization Technique, and to pay for the payment for Hu Jirong to have the joints loosened. Loosening technology, joint passive activity function training and other rehabilitation costs seven thousand yuan (￥: 7000.00 yuan).
2, the application for the respondent to pay Hu Jirong due to industrial accidents in the left heel bone internal fixation removal surgery costs eight thousand yuan (￥: 8000.00 yuan).
3, the application for the respondent to pay Hu Jirong because of work-related accidents during the hospitalization of 23 days and 30 days after discharge nursing (*** 53 days × 150 yuan) costs seven thousand nine hundred and fifty-five yuan (￥: 7950.00 yuan).
4, the application for the respondent to pay Hu Jirong due to industrial accidents rest treatment period of seven months of wages (3600 yuan / month) twenty-five thousand two hundred yuan (￥: 25200.00 yuan).
5, the application for the respondent to pay Hu Jirong because of work-related accidents nutritional subsidies three thousand yuan (￥: 3,000.00 yuan).
The respondent paid Hu Jirong 51,150 yuan (￥: 51150.00) in total for the total cost of work-related accidents.
Facts and reasons
First, the entry into the work situation and the facts of industrial accidents
I Hu xx, 37 years old, male, Han nationality, occupation welder. I am 37 years old, male, Han nationality, professional welder. I live in XX village of this city. In April 20xx, I was hired to work for Liuyang City xx equipment Co. By the company has been assigned in just xx firecracker fireworks factory and liling xx and Dayao xx branch, as well as xx fireworks factory for steel structure sunshine shed production. The daily wage rate of 180 yuan / day, food and housing by Jinhe is responsible for.
20xx November 7, 20xx around 9 am, I just xx firecracker fireworks factory expansion installation construction, unfortunately from nearly four meters high steel structure sunshine shed fell, resulting in both legs after the heel bone comminuted fracture. In Liuyang City Hospital of Traditional Chinese Medicine Orthopedics treatment on the same day. In the treatment, the hospital implemented plaster fixation on the right heel. The left foot was treated for 23 days with cut-and-replace internal fixation and autologous bone grafting. On (Note: the hospitalization treatment cost ***21,303.59 Yuan, which has been paid by Jinhe Company). He was discharged from the hospital on November 30, 20xx and went home for rehabilitation treatments such as wax therapy, magnetic therapy, joint loosening technique, and joint being moved and functional training. During the period, the second review was conducted, and its recovery effect was general.
Second, the reason for the application
I have been in the rehabilitation period many times with the gold and the company's consultations, requesting to continue to be responsible for this matter, to pay the costs of the above application. But the company's attitude is not clear, no result. Therefore, the applicant is applying for arbitration of personnel disputes.
Hereby
Liuyang City Labor and Personnel Dispute Arbitration Commission
Annexes: 1, the applicant's ID card (copy)
2, the respondent's company business license (net print)
3, the respondent's company code certificate (net print)
4, witness certificate (copy)
5, the applicant disability appraisal certificate (copy)
5, the applicant's disability certificate (copy)
Applicant:
June 25, 20xx
Labor Arbitration Application Part 4
Applicant:
ID Card No.:
Residential Address:
Respondent:
Address:
Legal representative:
Phone number:
Complaint request:
1, pay compensation for illegal termination of labor contract ___ yuan.
2, pay the arrears of wages from ___ month ___ to ___ month ___ ___ yuan and the economic compensation for arrears of wages ___ yuan.
3. Payment of ___months-___months meal allowance __ yuan.
Total: ___ yuan
Facts and reasons:
The applicant joined the respondent on ___ month ___, as ___ position to date, and the last labor contract signed by both parties is the five-year fixed-term labor contract signed on ___ month ___ - ___ month ___, with a monthly salary of ___ yuan (of which the standard salary is ___ yuan; performance pay is ___ yuan; performance pay is ___ yuan). The standard salary was ___ yuan; performance pay and overtime pay were paid at a fixed amount of ___ yuan per month, regardless of whether or not overtime work was performed and how much overtime work was performed in the same month.)
The Respondent then unlawfully dismissed the Applicant on the grounds that the Respondent had fabricated the reasons for the dismissal. Although the applicant requested to continue working, the respondent prohibited the applicant from going to the island, making it impossible for the applicant to continue working. In order to safeguard his legitimate interests, the applicant has made the above request in accordance with the law, and has filed a petition to your committee, requesting you to give a fair hearing and decide on the above request.
Hereby
Shenzhen Labor Dispute Arbitration Commission
Claimant:
___Year___Month___
Application for Labor Arbitration Article 5
Claimant:
Applicant:
___, male, Han Chinese nationality, born in 1966 on July 18, former department of Urumqi Huatong Toyota Automobile Service Co. Ltd., address: Xinjiang Uygur Autonomous Region, Urumqi City, Longting - Linqingyuan two units, Room 301, Tel: 13809972614 Respondent: Urumqi Huatong Toyota Automobile Service Co. Toyota Automobile Service Co.
Requests:
1, the respondent to the applicant to pay the wages owed 10,000 yuan, 2, payment of deductions from the applicant's entitlement to travel subsidies and the applicant's business trip advances of 5,000 yuan, 3, the payment of economic compensation for two months (5,000 yuan per month wages, wages, twenty-five per cent of the wage compensation)***4,000 yuan, 4, The respondent to bear the labor arbitration costs.
Facts and reasons:
The applicant in June 20__ formally to the respondent Li Jianping Huatong Toyota Tourism Automobile Services Limited work, as its deputy general manager position, at that time, due to the company's operation is not standardized, did not sign a labor contract, the applicant in the job during the period of conscientiousness for the company to come up with ideas in the general manager after the approval of the series of activities held so that the company gradually from the The initial development of a few vehicles to the current seventy vehicles. This year and for the company to complete the Spring Festival, due to the company's new car license plate delay and other reasons, resulting in the arrival of the time not according to the reservation, the scheduled task of 1 million yuan, the actual recovery of 700,000 yuan, excluding the cost, not counting back and forth to the passenger winnings, the net profit of each car can still reach 100,000 yuan, for such a profit for the respondent li jianping huatong toyota travel car service limited company, or the first time, but the respondent but for this reason, the reason for which the company is the first time in the past. However, the Respondent withheld my salary, subsidies and reimbursement of business payments for this reason. Based on the above facts, according to the "People's Republic of China *** and the State Labor Law", "violation and termination of the labor contract of the economic compensation approach" and other relevant provisions, the lawsuit your office, requesting a ruling in accordance with the law, support the applicant's request.
Hereby
Labor Arbitration Committee of the Labor Bureau of the New Municipal District of Urumqi City
Applicant: Xu ___
October 21, 20__
Application for Labor Arbitration Part 6
Application for Arbitration of Labor Disputes
Applicant: Xu Qiang, male. Ltd., Address: Room 301, Unit 2, Longting-Linqingyuan, Urumqi City, Xinjiang Uygur Autonomous Region, Tel: 13809972614
Respondent: Urumqi Huatong Toyota Automobile Service Co. Ltd.
Requests:
1, the respondent to pay the applicant 10,000 yuan of wages owed to the applicant,
2, payment of deductions from the applicant's entitlement to travel subsidies and the applicant's travel advances of 5,000 yuan,
3, payment of economic and social benefits,
2, the applicant's business travel subsidies and the applicant's business travel advances of 5,000 yuan,
3, the applicant's business travel advances of 5,000 yuan,
3, payment of economic and social benefits. >
3, pay economic compensation for 2 months (monthly wages of 5000 yuan, twenty-five percent of the wage compensation) ***4000 yuan,
4, the respondent to bear the labor arbitration costs.
Facts and reasons:
The applicant formally went to work for the respondent Li Jianping Huatong Toyota Tourism Automobile Service Co., Ltd. in June 20xx, serving as its deputy general manager, at that time, due to irregularities in the company's operations, no labor contract, the applicant in the job during the period of conscientiousness for the company's ideas, in the general manager after the approval of a series of activities to make the company gradually from The initial development of a few cars to the current seventy cars.
This year and for the company to complete the Spring Festival, due to the company's new car license delays and other reasons, resulting in the arrival of the time not according to the reservation, the scheduled task of 1 million yuan, the actual recovery of 700,000 yuan, excluding the cost, not counting back and forth to the passenger winnings, the net profit of each car can still reach 100,000 yuan, for such a profit for the defendant Li Jianping Huatong Toyota Tourism Automobile Service Co. Unprecedented, but the respondent is used as a reason to withhold my salary, subsidies, reimbursement of business payments are not issued.
Based on the above facts, according to the "People's Republic of China *** and the State Labor Law", "violation and termination of the labor contract of economic compensation," and other relevant provisions, the lawsuit your office, requesting a ruling in accordance with the law to support the applicant's request.
Hereby
Labor Arbitration Committee of the Labor Bureau of the New Municipal District of Urumqi City
Applicant: Xu Qiang
No. 21, October 20xx
Application for Labor Arbitration Part 7
The applicant Jiao xx, female, born on June 20, 1970, Han Chinese nationality, is currently residing in Haikou City, Hainan Province, and is also a resident of Haikou City, Hainan Province. Currently residing in Haikou City, Hainan Province, No. 5, Haider Road
Respondent Nuclear Industry Seventh Research and Design Institute. Address: No. 5, Lane 1 West, South Hezhou Road, Xiaodian District, Taiyuan City.
Legal representative Liu xx President.
Arbitration request:
1, in accordance with the law, the respondent for the transfer of the applicant's personnel file, social insurance relations (pension insurance, medical insurance, unemployment insurance, etc.) procedures to a construction design institute in Haikou City, and compensation for the applicant's economic losses of ten thousand yuan.
2. Decide that the respondent shall bear the costs of arbitration and attorney's fees in this case.
Facts and reasons:
The applicant was originally an employee of the respondent, graduated from the university in 1993 and was assigned to the respondent, and worked diligently. 20xx April, the applicant went out on leave for a reason, which was during the period of high incidence of SARS, and the respondent did not have any factual basis for this, and violated the legal procedures to remove the applicant from his name, which made the applicant unable to go to work. To date, the applicant has never seen the removal decision. The applicant's rights could not be exercised due to the lack of a decision to remove the applicant from the organization. The applicant was wandering around, with no personnel file, no social insurance, no organization to accept him, and no job, which caused the applicant great economic losses. The applicant repeatedly requested the respondent to handle the transfer of personnel file and social insurance relationship, but the respondent put forward all kinds of unreasonable conditions, and even put forward tens of thousands of dollars as a condition of exchange, and unreasonably detained the applicant's personnel file. Now the applicant has found a job in an architectural design institute in Haikou City, and urgently needs to handle the transfer of personnel file and social insurance. According to the Labor Law and the relevant judicial interpretation of the Supreme People's Court, the respondent terminated the labor relationship with the applicant, should be timely for the transfer of personnel files and social insurance relations, causing economic losses to the applicant, should be compensated in accordance with the law. To this end, the labor arbitration application, please your ruling for the applicant for the transfer of the applicant's personnel file, social insurance relationship procedures to the Haikou Architectural Design Institute, and compensation for economic losses of 10,000 yuan, in order to protect the legitimate rights and interests of workers.
Hereby
Labor Arbitration Committee of Xiaodian District, Taiyuan City
Applicant: Jiao xx
xx xx xx xx xx xx, 20xx