I didn't sign a labor contract to go to labor arbitration. Now there is a resignation certificate and a salary slip, but there is no company name and official seal on the salary slip. Can I successfully arbitrate?
1. Go to the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau (former Labor Bureau) to apply for labor arbitration. When filing a case, you must bring: two arbitration applications and a copy of the applicant's ID card 1 copy; Copies of relevant evidence and 2 copies of evidence list; Industrial and commercial registration information of the employer (Beijing does not need registration information)!
2. After submitting the materials, the Arbitration Commission shall file a case within 5 working days, and then give both parties a period of proof and a period of defense; Then hold a hearing, and then mediate between the two sides. If mediation fails, the Arbitration Commission shall issue an award; Labor arbitration shall be closed within 60 days; If the employee refuses to accept the ruling, he can bring a lawsuit to the court;
3. Professionals can be invited to provide remote guidance services and write labor arbitration applications, evidence lists and other legal documents without asking local lawyers to represent them. And during the application for labor arbitration, it will not delay the workers to work in the new unit!
Labor Contract Law
Article 82 If an employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary.
Where an employing unit violates the provisions of this Law and fails to conclude an open-ended labor contract with the laborer, it shall pay the laborer twice the salary every month from the date when the open-ended labor contract should be concluded.