How Long After Labor Arbitration Resignation Is It OK

The validity period of labor arbitration is not calculated according to the time of resignation, but on the date on which the parties know or should know that their rights have been infringed, and the validity period is one year. However, if a dispute arises because the employer is in arrears of labor remuneration, it shall be filed within one year from the date of termination of the labor relationship.

Article 27 of the Law on Mediation and Arbitration of Labor Disputes stipulates that the limitation period for applying for arbitration of labor disputes is 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.

Article 27 of the Law on Mediation and Arbitration of Labor Disputes stipulates that 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 stipulated 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.

Extended Materials. Labor Arbitration Process:

1. The applicant shall submit an application for arbitration within one year after the occurrence of the dispute.

2. The arbitration commission shall make a decision on whether to accept the complaint within five days from the date of receipt of the claim, and if it finds that it meets the conditions for acceptance, it shall accept the claim and notify the applicant; Where it is found that the requirements for acceptance are not met, the applicant shall be notified in writing not to accept the application and the reasons shall be explained.

3. The labor dispute arbitration commission shall, within five days from the date of acceptance of the arbitration application, notify the parties in writing of the composition of the arbitral tribunal.

4. **, clear request, defense, investigation of facts, presentation of evidence and cross-examination, debate, statement.

5. Mediation. 6. If mediation fails, the verdict will be made.

1. The resignation is the termination of the labor relationship, and the arbitration application shall be filed within one year in accordance with the law.

II. Statute of Limitations for Labor Dispute Arbitration.

It refers to a statute of limitations system in which a party seeking protection of its legal rights due to a labor dispute must submit an arbitration application to the labor dispute arbitration commission within the statutory time limit, otherwise, the law will extinguish its right to apply for arbitration.

1. In the event of a dispute arising from 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;

2. If the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

3. Suspension of the statute of limitations.

If the parties are unable to apply for arbitration within the limitation period for arbitration due to force majeure or other justifiable reasons, 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 the parties can prove that they have any of the following circumstances during the period of applying for arbitration, the people's court shall find that the statute of limitations for applying for arbitration has been interrupted:

1) assert rights against the opposing party;

2) Requesting rights and remedies from the relevant departments;

3) The other party agrees to perform its obligations.

If the statute of limitations for applying for arbitration is interrupted, the statute of limitations for applying for arbitration shall be recalculated from the time when the other party expressly refuses to perform its obligations, or when the relevant department makes a decision or clearly indicates that it will not handle the application. Therefore, it is necessary for the parties to have a sense of evidence and pay attention to the preservation and collection of evidence.

IV. Special Statute of Limitations for Arbitration of Labor Remuneration Disputes.

The general statute of limitations for applying for labor arbitration is one year. However, in some cases, the one-year limitation period does not protect the legitimate rights and interests of the worker. For example, in some industries, especially in the construction industry, the problem of wage arrears is more prominent, and many workers' labor remuneration is not settled until the end of the year; In order to maintain the labor relationship, some workers do not dare to claim their rights against the employer's arrears of labor remuneration during the existence of the labor relationship.

If the one-year arbitration period is applicable, it is not conducive to protecting their legitimate rights and interests. Therefore, the law stipulates that if a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration is not subject to the one-year limitation period.

In the case where the employment relationship between the employee and the employer has been terminated, there is no concern about maintaining the employment relationship, so the law stipulates that the termination of the employment relationship shall be filed within one year from the date of termination of the employment relationship.