What disputes are labor disputes?

Labor dispute is a dispute between workers and employers, which refers to a dispute caused by labor relations or labor wages, but not all cases belong to labor disputes, and the classification is different according to different causes of action. So, which disputes belong to labor disputes and how to deal with them, let's take a look with Hualv.com's Xiaobian.

I. Scope of acceptance of labor dispute cases

1, the dispute between the employee and the employer in the process of performing the labor contract;

2. Disputes arising after the employee and the employer have not concluded a written labor contract but have formed a labor relationship;

3, after retirement, has not yet participated in social insurance co-ordination, the original employer for the recovery of pension, medical expenses, work-related injury insurance benefits and other social insurance premiums and disputes;

4. The employer forces the laborer to terminate the labor contract by means of violence, threat or illegal restriction of personal freedom;

5. The employer fails to pay labor remuneration or provide working conditions as agreed in the labor contract, forcing the employee to propose to terminate the labor contract;

6. The employing unit deducts or delays the wages of the workers without reason, forcing the workers to propose to terminate the labor contract;

7. The employer refuses to pay the employee the salary for extending working hours, forcing the employee to propose to terminate the labor contract;

8. The wage paid by the employer to the laborer is lower than the local minimum wage standard, forcing the laborer to propose to terminate the labor contract;

9. After the expiration of the labor contract, the laborer still works in the original employer, and if the original employer does not raise any objection, it is deemed that both parties agree to continue to perform the labor contract under the original conditions, and one party proposes to terminate the labor relationship;

10, according to the provisions of Article 20 of the Labor Law, the employing unit shall sign an open-ended labor contract with the employee, if it is not signed;

1 1. Dismissal, dismissal, dismissal, etc. of the employer. , or for other reasons, it is indeed wrong to terminate the labor contract;

12. When claiming labor remuneration, pension, medical expenses, industrial injury insurance, economic compensation, training fees and other related expenses, the amount paid is improper;

13. Disputes arising from the employer's failure to pay wage housing subsidies to workers in accordance with relevant state regulations or labor contracts;

14. The dispute between the employer and the employee about whether the labor contract has been dissolved or terminated, or whether the economic compensation for the dissolution or termination of the labor contract should be paid;

15. After the employee and the employer dissolve or terminate the labor contract, they ask the employer to return the labor contract deposit, deposit, mortgage, and collateral they collected, or handle disputes over the transfer procedures of employee personnel files and social insurance relations;

16. The employer failed to establish a social insurance relationship for the employee, which led to the dispute that the employee claimed compensation from the employer;

17. The employee requests the employer to undertake the dispute of granting work-related injury insurance benefits according to law due to work-related injuries or occupational diseases;

18. If a worker brings a lawsuit for a labor dispute arising from the performance of the labor dispatch contract, the dispatching unit is the defendant; If the content of the dispute involves the receiving unit, the sending unit and the receiving unit are * * * co-defendants;

19. Disputes between institutions and their staff due to resignation, dismissal and performance of employment contracts; Procedurally, it is handled in accordance with the labor law, so the court should accept such cases. )

20. The laborer directly brings a lawsuit to the people's court on the grounds that the employer is in arrears with wages. If the litigation request does not involve other labor relations disputes, it shall be regarded as a dispute over unpaid labor remuneration and accepted as an ordinary civil dispute;

2 1. If the parties reach a mediation agreement only on the labor remuneration dispute under the auspices of the labor dispute mediation committee, and the employer fails to fulfill the payment obligations stipulated in the mediation agreement, and the employee directly brings a lawsuit to the people's court, the people's court may accept it as an ordinary civil dispute.