职工申请劳动仲裁时要注意的问题（Attention should be paid to the application of labor arbitration by workers and staff members）.doc

职工申请劳动仲裁时要注意的问题（Attention should be paid to the application of labor arbitration by workers and staff members） Although labor arbitration is not as strict and complex as litigation, it is not a simple matter for the general employees who have violated the legitimate rights and interests to take the initiative in labor arbitration. The lawyer sums up the law in accordance with its practice, hoping that it will help some friends who need it. In applying for labor arbitration, we should pay attention to the following aspects: First, it is necessary to determine whether the dispute that occurred is a labor dispute and whether it can be settled directly through civil action Not every relationship between personnel and units in the unit is a labor relationship. Therefore, a person must recognize the nature of the relationship between himself and the unit, whether it is labor relations, labor relations or other civil relations. 1, labor relations and factual labor relations are legal labor relations and protected by law. It is the employees responsibility to prove the existence of labor relations. If employees want to get legal protection, they must first prove the existence of this relationship. If the employee fails to prove it, it may lead to a loss. The evidence of the existence of legal labor relations between the employee and the respondent is: labor contract, which is the most effective evidence. In the absence of signing a labor contract, wages, bank payroll cards, vacation notes, hand orders, work cards, work clothes and so on, can be used as evidence. Habits of keeping these things must be formed in your daily work life. 2, labor relations shall not be protected by labor law, and civil proceedings should be instituted separately The distinction between labor relations and labor relations is a difficult problem for those who do not have legal expertise. When a dispute arises, it may be determined by consulting the lawyer or asking the labor arbitration department