I can apply for labor placement because of my resignation

Hello: The time limit for accepting labor disputes is 2 years, and if you leave your job for less than 2 years, you can apply for arbitration.

Legal analysis

1) The worker submits the labor arbitration application and relevant evidence to the local labor arbitration commission.

2) If the application meets the requirements, the arbitration commission shall make a decision on acceptance or non-acceptance within 5 days from the date of receipt of the application. If the arbitration commission decides to accept the application, a copy of the application shall be served on the respondent within 5 days from the date of the decision, and if an arbitral tribunal is formed to decide not to accept the application, the applicant may file a lawsuit with the people's court on the labor dispute matter by stating the reasons.

3) After receiving a copy of the arbitration application, the respondent shall submit a statement of defence to the labor dispute arbitration commission within 10 days.

4) The arbitral tribunal shall notify the parties in writing of the date and place of the arbitration tribunal five days in advance. If the parties have a legitimate reason, they may request an extension three days in advance. Whether to extend the extension shall be decided by the Labor Dispute Arbitration Commission.

5) If a party refuses to appear at the hearing without justifiable reasons after receiving the notice, or withdraws from the hearing without the consent of the arbitral tribunal, the applicant shall be dealt with in accordance with the withdrawal of the application, and the respondent may be awarded in absentia.

Legal basis

Law of the People's Republic of China on Arbitration of Labor Mediation Disputes Article 28 The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents. The application for arbitration shall contain the following matters: (1) the name, gender, age, occupation, place of work and domicile of the employee, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person of the employer, (2) the claim for arbitration and the facts and reasons on which it is based, and (3) the evidence and evidence**, and the names and addresses of witnesses.

If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration commission shall record it in the record and inform the other party.

Regulations on the Handling of Labor Disputes in Enterprises》 Article 24 When a party applies to the Arbitration Commission for arbitration, it shall submit a statement of claim and submit a copy according to the number of respondents. The written appeal shall indicate the following matters:

1) The name, occupation, and address of the employee and the name and address of the work unit and the name and position of the legal representative.

2) The claim for arbitration and the facts and reasons on which it is based.

3) Evidence, names and addresses of witnesses.

Legal analysis: An application for labor arbitration after dismissal shall be submitted within one year and a copy shall be submitted according to the number of respondents. The statement of claim for arbitration shall contain the following particulars:

specific information about the employee and the employer; the claim for arbitration and the facts and reasons on which it is based; Evidence and evidence**, names and residences of witnesses. Legal basis: Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor compensation, medical expenses for work-related injuries, economic compensation, or compensation for cantons; (6) Other labor disputes as provided for by laws and regulations. Article 27 The limitation period for applying for arbitration of labor disputes shall be one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated. If, due to force majeure or other justifiable reasons, the parties cannot apply for arbitration within the limitation period for arbitration as provided for in paragraph 1 of this Article, the limitation period for arbitration shall be suspended.

The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated. If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

Legal Analysis] If the employer and the employee cannot reach an agreement through negotiation and mediation due to a labor dispute, they can apply for labor arbitration at the Xifeng Labor Arbitration Department within 60 days from the date of occurrence of the labor dispute. To apply for labor arbitration, an application may be submitted or an oral application, which shall state the time, facts and reasons for the dispute. If an employee has a dispute over the conclusion, performance, modification, dissolution or termination of a labor contract, a dispute over dismissal, resignation or resignation, a dispute over working hours, rest and vacation, social insurance, welfare, a dispute over medical expenses, economic compensation or compensation for work-related injuries, or a dispute between the two parties after reaching a mediation agreement, one of the parties may apply to the labor department for arbitration in accordance with the law.

In the event of a labor dispute, the parties shall have the right to initiate arbitration within one year from the date on which the parties know or should have known that their rights have been infringed, and the parties shall have the responsibility to provide evidence for their claims.

Legal basis] Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China: (1) disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.; (6) Other labor disputes as provided for by laws and regulations.