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劳动仲裁受理范围案例.doc

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劳动仲裁受理范围案例.doc

上传人:小健 2022/5/24 文件大小:84 KB

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文档介绍:劳动仲裁受理范围案例
Complainant: a company in Zhaoyuan
Defendant: Liu Mou
Complainant's request:
the defendant immediately pa labor arbitration has no right to confirm the complainant's request for the respondent to pay the fine and compensate for the loss. Third, the respondent's decision on the punishment made by the respondent is based on the regulations, and the scope of application of the regulations is owned by the whole people and collectively owned enterprises, while the complainant is a joint venture. Therefore, the complainant's legal basis for the respondent's decision on the penalty is wrong. If the application of the "Regulations”, the "Regulations" also provides workers in violation of labor discipline, serious violation of the criminal law, punishment by the judicial organs according to law. Fourth, the complainant's grounds of complaint are untenable. To sum up, according to the "labor dispute processing enterprise regulations” (State Council Decree No. 117th) article second of the rules and procedure rules, the jurisdiction of the complainant of the respondent,s appeal does not belong to the labor arbitration request is rejected.
Controversial focus:
1, whether the case is the scope of labor arbitration?
can the joint venture handle the disciplinary staff according to the regulations?
can the enterprise seek compensation from the employees through arbitration?