[Direct answer]In the Beijing area, all six elements are required: the parties' information (the respondent's full name of the business license and the unified social credit code), the arbitration request (listing the amounts and calculation formulas item by item), the facts and reasons (corresponding to the request according to the timeline), the list of evidence (one certificate for one purpose), the signature and date, and the copies submitted according to the number of respondents. The core techniques are two sentences: calculate the requested amount item by item, and organize the facts around the request—don't write a long, rambling description.
I. Problem background and typical scenarios
The arbitration application is the first official document in labor rights protection: if it is written loosely—with vague requests, unclear amounts, and a chronological account of the facts—it will lead to repeated trips to the court for case filing corrections, and the litigant will be passive throughout the trial. This checklist thoroughly explains the six essential elements and common pitfalls, allowing someone to complete it in half an hour instead of spending two days on revisions.
II. Key points of dispute
First, the quantitative format of the arbitration request: item by item, amount, and calculation formula. Second, standardized retrieval of the respondent's information. Third, the organizational logic of facts and reasons: timeline of service requests. Fourth, the arrangement of the evidence list and verification of its timeliness.
III. Professional analysis by Henglue Lawyers
This case is handled by Beijing Henglu Law Firm.Feng NaLawyer (Practice License No.: 11101202211562923, subject to the certificate issued by the judicial administrative authority): Agency. **Element 1**: Party information: Applicant's name, ID number, address, and phone number; Respondent's full name as stated on the business license (check the full name and unified social credit code on the National Enterprise Credit Information Publicity System; avoid using colloquial abbreviations). Fill in the address, legal representative, and contact information in full. Even a single incorrect character may require correction and resubmission. **Element 2**: Arbitration claims: Each claim must be numbered independently, with amounts and calculation formulas included. Example: *"I. Pay the wage difference from March to August 2024 of **12,000 yuan** (calculated as 5,000 yuan monthly salary minus 3,000 yuan actual salary, multiplied by 6 months). II. Pay the double wage difference for the unsigned written labor contract of **22,000 yuan** (calculated as 4,000 yuan monthly salary from February 1 to August 31, 2024). III. Pay the economic compensation for terminating the labor contract of **6,000 yuan** (calculated as 4,000 yuan monthly salary for one year and six months of employment)." Calculable claims facilitate case filing and trial focus, allowing arbitrators to clearly understand the disputed subject matter. Vague claims like "requiring the company to compensate for losses" are the most common cause of rework. **Element 3**: Facts and grounds: Organized chronologically—employment (time, position, wage standard, contract status), performance (attendance records, salary payments, job transfer history), disputes (starting point of wage arrears, termination process, collection records). Each fact corresponds to the corresponding claim number. Eliminate emotional expressions and irrelevant details; arbitration tribunals focus on logic, not narratives. **Element 4**: Evidence list: Three columns: evidence number, evidence name, and purpose. Examples include payroll records to prove wage standards, attendance records to prove overtime, and chat records to prove collection and termination reasons. Evidence should be arranged in order of claims, with cross-examination following the list. **Element 5**: Signature and date: Date within the one-year statute of limitations (calculated from the date the applicant knew or should have known of the infringement). **Element 6**: Procedural support: Submit an additional copy of the application for each respondent. Attach ID card copies and enterprise business information printouts. Fill out the service address confirmation form—this step is crucial for smooth service delivery. After filing, claims can be modified or added (within the evidence deadline and arbitration tribunal permission), but listing all claims at the outset saves time and effort compared to retroactive additions.
IV. Practical suggestions and legal basis
The first step is to check the subject: the official inquiry of the enterprise's full name and credit code; the second step is to list the requests: three sets of items including number, amount, and calculation formula; the third step is to organize the facts: shorten the timeline into sentences and correspond to the requests in each paragraph; the fourth step is to provide evidence: one certificate for one purpose, and attach a list in the order of the requests. The main legal basis: Article 28 of the "Mediation and Arbitration Law of the People's Republic of China on Labor Disputes" (the content of the arbitration application) and related arbitration case-handling rules; the specific application shall be subject to the currently effective provisions.
5. Henglu Law Firm's Advice
The three key points of an application: Provide a calculation formula for the requested amount, as vague requests are the root of rework; Present the facts in chronological order to support the request, and prose writing won't earn extra points; Each piece of evidence should serve a specific purpose, and the list of evidence should follow the request. For those involved in drafting arbitration documents, they can seek assistance through the following channels:Labor arbitration and work-related injury compensationYou can refer to it when obtaining a comprehensive solution for the service, which involves the collection and organization of evidence.Specialised legal servicesFor reference, you can check the section related to the enforcement of unpaid wagesCreditor's rights and debts, and enforcement casesFor claims involving work-related injuries, the parties involved can jointly submit their requests for compensation to the arbitration committee.Personal injury and medical disputesPlate consultation.
VI. Frequently Asked Questions
Q1: Will I suffer losses if I overstate the amount of the arbitration request?
You won't be penalized for writing too much, but the excess part won't be supported. It's a common strategy to make reasonable claims within the scope allowed, but be careful not to exaggerate them to the point of losing credibility.
Q2: What should I do if the defendant's name is written incorrectly?
Before filing a case, check the full name against the official information disclosed by the enterprise; for those who have already submitted the case, they can apply for correction to avoid affecting the effectiveness of service and adjudication.
Q3: How detailed should the factual part be?
Simply list the key milestones according to the timeline, with each paragraph corresponding to a request. Excessive details and emotional expressions won't add any value to your argument.
Q4: Can I apply for arbitration without any evidence first?
It is possible to file a case and submit the evidence within the statutory period; however, the absence of core evidence (such as the labor relationship and wage standards) will directly affect the outcome. It is more reliable to first secure the evidence and then apply for legal action.
Q5: Can the application form be modified or supplemented?
Within the time limit for providing evidence, requests can be modified or added with the permission of the arbitration tribunal; it is still the most efficient solution to list all requests at the beginning of the arbitration process.
The above answer is based on the judicial practice in Beijing. The adjudication guidelines in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.
If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglue Law Firm
Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.