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      劳动争议处理程序是如何?

　　劳动争议处理程序是如何?我与公司发生了劳动纠纷，他们将我的试用期定为一年，我就和他们理论，他们说是公司内部的制度规定。

律师解答：

劳动争议处理程序：

　　1、 劳动争议发生后，当事人可以向本单位劳动争议调解委员会申请调解;

　　2、 调解不成，当事人一方要求仲裁的，可以向劳动争议仲裁委员会申请仲裁;

　　3、 当事人一方也可以不经调解直接向劳动争议仲裁委员会申请仲裁;

　　4、 对仲裁裁决不服的，可以向人民法院提起诉讼。

一、调解程序

　　除因签订、履行集体合同发生的争议外，劳动者与用人单位发生的其它劳动争议均可以由本企业劳动争议调解委员会调解。

　　调解委员会应自当事人申请调解之日起30日结案，逾期未结案的视为调解失败，当事人可以进行其它程序。

　　调解程序不是劳动争议处理的必经程序，当事人任何一方或双方可以直接向当地劳动争议仲裁委员会申请仲裁。

二、仲裁程序

　　当事人应在劳动争议发生之日起六十日内提出仲裁申请。如果当事人申请国企业调解程序，调解期间可以扣除，胜诉时效从调解结束之日起继续计算。如果当事人因不可抗力或者由其他正当理由超过规定的申诉时效的，仲裁委员会应当受理。所谓"其它正当理由"须由仲裁委员会认定。

　　当事人申请仲裁应向有管辖权的仲裁委员会申诉，即劳动争议发生的县、市、市辖区的仲裁委员会提出申请。发生争议的企业与职工不在同一个仲裁委员会辖区的，由职工当事人工资关系所在地仲裁委员会受理。

　　仲裁庭处理劳动争议，应从组成仲裁庭之日起60日内结案。案情复杂需要延期的，报仲裁委员会批准后可以适当延长，但最长延期不得超过30日。对于请示待批，工伤鉴定，当事人因故不能参加仲裁活动，以及其它妨碍仲裁办案进行的客观情况，应视为仲裁时效中止，并须报仲裁委员会申拆同意。仲裁时效中止不应计入仲裁办案时效内。

　　当事人对仲裁裁决不服的，自收到裁决书之日起十五日内，可以向人民法院起诉。

　　三、诉讼程序诉讼程序时处理劳动争议的最后一道程序。以我国《劳动法》及《劳动部办公厅关于处理劳动争议案件若干政策性问题的复函》规定，当事人对仲裁裁决不服的，自收到裁决书之日起十五日内，可以向人民法院起诉;期满不起诉的，裁决书即发生法律效力，即未经仲裁的劳动争议，法院将拒绝受理。

　　劳动争议案件由人民法院民事审判庭审理。依据《我国民事诉讼法》的规定，人民法院适用普通程序审理的民事案件，应当在立案之日起六个月内审结。有特殊情况需要延长的，由本院院长批准，可以延长六个月;还需要延长的，报请上级人民法院批准。依据《民事诉讼法》当事人若不服地方人民法院第一审判决的，有权在判决书送达之日起十五日内向上一级人民法院提起上诉。当事人不服地方人民法院第一审裁定的，有权在裁定书送达之日起十日内向上一级人民法院提起上诉。

　　劳动争议处理的相关知识：

劳动关系确认争议

　　一、劳动关系的建立及其主要内容

　　劳动关系是用人单位以支付劳动报酬为条件而与劳动者建立起来的用工关系。根据《劳动合同法》的规定，用人单位自用工之日起即与劳动者建立劳动关系。建立劳动关系，应当订立书面劳动合同。已建立劳动关系，未同时订立书面劳动合同的，应当自用工之日起1个月内订立书面劳动合同。用人单位与劳动者在用工前订立劳动合同的，劳动关系自用工之日起建立。

　　劳动关系建立后，用人单位依法享有劳动用工权和劳动管理权，而劳动者在接受用人单位的管理和付出一定的体力和脑力劳动之后享有依法获得劳动报酬的权利。因为劳动关系具有一定的持续性，劳动合同的履行也是一个动态的过程，为了完成劳动合同约定的工作任务和保障劳动者的劳动安全，劳动者享有休息休假的权利、获得劳动安全卫生保护的权利、接受职业技能培训的权利、享受社会保险和福利的权利、提请劳动争议处理的权利以及法律规定的其他劳动权利。

　　用人单位依法负有按照劳动合同约定的时间、方式和数额向劳动者支付工资和加班工资及其他劳动报酬的义务;用人单位应当依法为劳动者缴纳社会保险;应当提供符合国家规定和双方约定的劳动条件;用人单位应当依法建立和完善规章制度，保障劳动者享有劳动权利和履行劳动义务等。劳动者应当依法遵守用人单位的规章制度，自觉接受用人单位的劳动管理;完成劳动合同的约定工作任务和胜任劳动合同约定的工作要求。用人单位与劳动者都应当按照劳动合同的约定，全面履行各自的义务，任何一方都不得擅自解除和终止劳动合同。

What is the procedure for handling labor disputes?

What is the procedure for handling labor disputes? I had a labor dispute with the company, and they set my probation period to one year. I argued with them and they said it was an internal system regulation of the company.

Lawyer's answer:

Labor dispute resolution procedures:

1. After a labor dispute occurs, the parties may apply for mediation to the labor dispute mediation committee of their own unit;

2. If mediation fails and one party requests arbitration, they may apply to the labor dispute arbitration commission for arbitration;

3. One party may also apply for arbitration directly to the labor dispute arbitration commission without mediation;

4. Those who are dissatisfied with the arbitration award may file a lawsuit with the people's court.

1、 Mediation procedures

Except for disputes arising from the signing and performance of collective contracts, other labor disputes between workers and employers can be mediated by the Labor Dispute Mediation Committee of this enterprise.

The mediation committee shall close the case within 30 days from the date when the parties apply for mediation. If the case is not closed within the deadline, it shall be deemed that the mediation has failed, and the parties may proceed with other procedures.

The mediation procedure is not a necessary procedure for handling labor disputes. Either party or both parties can directly apply for arbitration to the local labor dispute arbitration committee.

2、 Arbitration proceedings

The parties shall submit an arbitration application within 60 days from the date of the labor dispute. If the parties apply for mediation procedures in state-owned enterprises, the mediation period can be deducted, and the statute of limitations for winning the lawsuit shall continue to be calculated from the date of mediation completion. If the parties exceed the prescribed time limit for appeal due to force majeure or other legitimate reasons, the arbitration commission shall accept it. The so-called "other legitimate reasons" must be determined by the arbitration commission.

The parties applying for arbitration shall appeal to the arbitration commission with jurisdiction, that is, the arbitration commission in the county, city, or district where the labor dispute arises. If the disputed enterprise and the employee are not in the same jurisdiction of the arbitration commission, the arbitration commission in the place where the employee's salary relationship is located shall accept the dispute.

The arbitration tribunal shall resolve labor disputes within 60 days from the date of its formation. If the case is complex and requires an extension, it may be appropriately extended after approval by the arbitration commission, but the longest extension shall not exceed 30 days. For pending approval, work-related injury appraisal, inability of the parties to participate in arbitration activities due to reasons, and other objective circumstances that hinder the progress of arbitration proceedings, the arbitration statute of limitations shall be deemed to have been suspended and must be submitted to the arbitration commission for approval. The suspension of the statute of limitations for arbitration should not be included in the statute of limitations for arbitration proceedings.

If the parties are dissatisfied with the arbitration award, they may file a lawsuit with the people's court within 15 days from the date of receiving the award.

3、 The final procedure for handling labor disputes during the litigation process. According to the Labor Law of China and the Reply of the General Office of the Ministry of Labor on Several Policy Issues Concerning the Handling of Labor Dispute Cases, if a party is dissatisfied with the arbitration award, they may file a lawsuit with the people's court within 15 days from the date of receiving the award; If no lawsuit is filed at the expiration of the period, the arbitration award shall become legally effective, and the court shall refuse to accept labor disputes that have not been arbitrated.

Labor dispute cases shall be tried by the Civil Trial Division of the People's Court. According to the provisions of the Civil Procedure Law of China, civil cases tried by people's courts through ordinary procedures shall be concluded within six months from the date of filing. If there are special circumstances that require an extension, it may be approved by the President of this court and extended for six months; If an extension is still needed, it should be submitted to the higher-level people's court for approval. According to the Civil Procedure Law, if a party disagrees with the first instance judgment of a local people's court, they have the right to appeal to the higher-level people's court within 15 days from the date of service of the judgment. If the parties concerned are dissatisfied with the first instance ruling of the local people's court, they have the right to appeal to the higher-level people's court within ten days from the date of service of the ruling.

Knowledge related to labor dispute resolution:

Dispute over labor relationship confirmation

1、 The establishment of labor relations and its main content

Labor relations are the employment relationships established between employers and workers based on the condition of paying labor remuneration. According to the provisions of the Labor Contract Law, the employer shall establish a labor relationship with the employee from the date of employment. To establish a labor relationship, a written labor contract should be signed. If a labor relationship has been established but a written labor contract has not been signed at the same time, a written labor contract shall be signed within one month from the date of employment. If an employer and an employee enter into a labor contract before employment, the labor relationship shall be established from the date of employment.

After the establishment of labor relations, the employer shall enjoy the right to employment and labor management in accordance with the law, while the worker shall have the right to receive labor remuneration in accordance with the law after receiving the employer's management and putting in a certain amount of physical and mental labor. Because labor relations have a certain degree of sustainability, the performance of labor contracts is also a dynamic process. In order to complete the work tasks stipulated in the labor contract and ensure the labor safety of workers, workers have the right to rest and vacation, the right to obtain labor safety and health protection, the right to receive vocational skills training, and the right to enjoy social insurance and benefits The right to request the resolution of labor disputes and other labor rights stipulated by law.

Employers have the obligation to pay wages, overtime pay, and other labor remuneration to employees in accordance with the time, method, and amount stipulated in the labor contract in accordance with the law; Employers shall pay social insurance for employees in accordance with the law; Should provide labor conditions that comply with national regulations and mutually agreed upon by both parties; Employers should establish and improve rules and regulations in accordance with the law, ensuring that workers enjoy labor rights and fulfill labor obligations. Workers should abide by the rules and regulations of the employer in accordance with the law, and consciously accept the labor management of the employer; Complete the work tasks stipulated in the labor contract and meet the job requirements stipulated in the labor contract. Both the employer and the employee shall fully fulfill their respective obligations in accordance with the provisions of the labor contract, and neither party shall unilaterally terminate or terminate the labor contract.