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The statute of limitations for applying for labor arbitration after an injury is within one year after the injury.
In accordance with the Law on Mediation and Arbitration of Labor Disputes
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.
Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate 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 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.
Article 28 The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents.
The statement of claim for arbitration shall contain the following particulars:
1) The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;
2) the claim for arbitration and the facts and reasons on which it is based;
3) Evidence and evidence**, 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.
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Within 15 days after receiving the work-related injury certificate, if the employer does not submit an application for re-appraisal, it may immediately arbitrate.
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Labor arbitration has a time limit for acceptance and a time limit for hearing. In accordance with the provisions of Article 29 of the Labor Dispute Mediation and Arbitration Law, after the employee files an application for labor arbitration, the labor dispute arbitration commission shall accept the application if it finds that it meets the conditions for acceptance, and if it finds that it does not meet the conditions for acceptance, it shall notify the applicant in writing that it will not accept the application. The duration of the trial is 45 to 60 days.
According to Article 43 of the Law on Mediation and Arbitration of Labor Disputes, the arbitral tribunal shall conclude its decision on a labor dispute case within 45 days from the date on which the labor dispute arbitration commission accepts the arbitration application. If the case is complicated and requires an extension, it may be extended with the approval of the chairman of the labor dispute arbitration commission and notified the parties in writing, but the extension period shall not exceed 15 days. Therefore, after an employee files an application for labor arbitration, the labor dispute arbitration commission shall generally make an arbitration award within 50 days. If the case is complicated, the labor dispute arbitration commission shall make an arbitration award within 65 days.
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In the event of a work-related injury, it is sufficient to apply to the Human Resources and Social Security Bureau for a determination of work-related injury, and if it is not recognized, an administrative lawsuit may be initiated.
If it is determined that the work-related injury is injured and the employer fails to pay the work-related injury insurance premium, the employer shall bear the compensation of the company and may apply for arbitration, which is generally within 45 days, or it can directly sue the court.
Labor Dispute Mediation and Arbitration Law.
Article 43 The arbitral tribunal shall decide a labor dispute case within 45 days from the date on which the labor dispute arbitration commission accepts the arbitration application. If the case is complicated and requires an extension, it may be extended with the approval of the chairman of the labor dispute arbitration commission and the parties may be notified in writing, but the extension period shall not exceed 15 days. If the arbitral award is not made within the time limit, the parties may file a lawsuit with the people's court on the labor dispute.
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The validity period for applying for labor arbitration is 1 year. However, if a labor arbitration is initiated during the existence of the labor relationship, it is not subject to the one-year statute of limitations. In addition, the statute of limitations for applying for labor arbitration shall be subject to the provisions on interruption or suspension of the statute of limitations.
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The law of our country stipulates that the arbitration tribunal shall adjudicate a labor dispute case within 45 days from the date on which the labor dispute arbitration commission accepts the arbitration application. If the case is complicated and requires an extension of the office, it may be extended with the approval of the chairman of the labor dispute arbitration commission and the parties may be notified in writing, but the extension period shall not exceed 15 days.
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Forty-five to six Liang Shi 10 days.
It takes 45 to 60 days for a work-related injury to apply for labor bench motion arbitration. If the arbitral award is not made within the time limit, the parties may file a lawsuit with the People's Court of Law on the labor dispute.
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If the company applies for labor arbitration due to a labor dispute before the company ignites the mountain, the arbitral tribunal shall make an arbitral award within 45 days from the date of acceptance of the arbitration application by the labor dispute arbitration commission.
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1. It takes 60 days for work-related injury identification.
2. Labor arbitration takes 45 days.
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