How to deal with violations of labor laws and regulations for more than 2 years

If a complaint is filed through the Labor Inspection Department, it must be filed within 2 years of the dispute occurring.

If it is handled through labor arbitration, it must be filed within one year.

After more than 2 years, if the other party agrees to perform or agrees to negotiate, it can also be handled in accordance with the provisions of the law. If the other party does not agree, then there is no legal remedy available, because the prescribed period has expired.

Unless] you have a reason to prove that the statute of limitations has been suspended, or the law does not limit the statute of limitations (such as arrears of wages, etc., no matter how many years have passed, as long as you are still employed, you can apply for labor arbitration at any time (do not choose to take the route of labor inspection) and request full repayment, if you leave the job, you must file within one year after the resignation).

Labor Dispute Mediation and Arbitration Law

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.

Generally, it is very important to dismiss a request on the grounds that the statutory statute of limitations has expired, or to reject the request after acceptance, because the statute of limitations is a procedural law. In addition, most of the requests are subject to the one-year statute of limitations, so it is necessary to grasp the provisions of the statute of limitations.

First of all, after you know that the employer differentiates the labor law, you should file a complaint with the labor and social security department, and then the labor and social security department will order it to make corrections, impose a fine, and compensate the employee.

See the Labour Code

For individual rights, the general statute of limitations for applying for labor arbitration is one year.

Legal Analysis: If the violation of the laws, regulations or rules of the Labor Finger High Mobility Security has not been discovered by the labor and social security administrative department within 2 years, nor has it been reported or complained, the labor and social security administrative department will not investigate and deal with it.

Legal basis: Regulations on the Supervision of Labor and Social Security (Order No. 423 of the People's Republic of China) Article 20 If the violation of labor security laws, regulations or rules has not been discovered by the labor and social security administrative department within 2 years, nor has it been reported or complained, the labor and social security administrative department shall not investigate and deal with it.

The time limit provided for in the preceding paragraph is calculated from the date on which the violation of labor security laws, regulations, or rules occurs; Where violations of labor security laws, regulations, or rules are continuous or continuous, it is calculated from the date on which the act ends.

Summary. Hello dear and happy to answer your <>

The Labor Law Cannot Be Accepted for More Than Two Years If the party concerned files a lawsuit secretly to protect his rights with the labor and social security administrative department, the statute of limitations for the secret lawsuit cannot exceed two years, and if it exceeds two years, the labor and social security administrative department will no longer investigate and deal with it. If the parties file a lawsuit with the Labor Dispute Arbitration Commission to protect their rights, the statute of limitations for arbitration shall not exceed one year. <>

Is the labor law still accepted after two years?

Kiss the spine and hello, I am happy to answer the <> of [big red cherry blossoms].

The Labor Law Cannot Be Accepted for More Than Two Years If the party concerned obstructs a lawsuit to defend its rights and secretly sues the labor and social security administrative department, the statute of limitations for the illegal lawsuit cannot exceed two years, and if it exceeds two years, the labor and social security administrative department will no longer investigate and deal with it. If the parties file a lawsuit with the Labor Dispute Arbitration Commission to protect their rights, the statute of limitations for arbitration shall not exceed one year. <>

Article 20 of the "Regulations on the Supervision of Labor Security" stipulates that if the violation of labor security laws, regulations or rules is not discovered by the labor and social security administrative department within two years, nor has it been reported or complained about, the labor and social security administrative department shall not investigate and deal with it. The time limit provided for in the preceding paragraph is calculated from the date on which the violation of labor security laws, regulations, or rules occurs; Where violations of laws, regulations, or rules on labor protection are continuous or continuous, it is calculated from the date on which the conduct ends.

Hello, because I am in **, uninterrupted, the insurance company said at the time that the compensation is two years statute of limitations, but there is no Pei Hongsun early service for various reasons, and the company has not Kaiwang to handle the work-related injury identification for me, can I find a lawyer now to pay work-related injury compensation?

I don't know about labor laws.

Kiss you is a <> that can apply to the court for compensation

Later, I asked the lawyer and said that it was more than a year since the statute of limitations for the determination of work-related injuries had passed.

For more than a year, without knowing it, can you still make a work-related injury determination now?

The identification of the injury of a relative has expired, and you are now in a state of resignation with the company<>

It is not possible to identify the injury of relatives <>

You can appeal in court the <> of whether or not you can do an appraisal

But the company still has the salary that I used to work that has not been paid.

I've been negotiating.

You first sue the company for compensation for the period of your work-related injury, and then seek the <> of your unpaid wages from the company

Summary. Dear, the labor law will not be accepted for more than two years. However, if the dispute exceeds one year in the employee's application for labor arbitration, it will not be accepted. The statute of limitations for the acceptance of labor arbitration is only one year. <>

Dear, if you envy the labor law for more than two years, Yu Yan will not accept it. However, if the dispute exceeds one year in the application for labor arbitration, it will not be accepted. The statute of limitations for the acceptance of labor arbitration is only one year. <>

If you are not satisfied with the arbitration award, you may file a lawsuit with the people's court within 15 days from the date of receipt of the rough and slippery arbitration award. The limitation period for applying for arbitration of a labor dispute is generally one year, calculated from the date on which the parties knew or should have known that their rights had been infringed. <>

Dear, for the company to owe employees wages for two years before borrowing legal means, it is generally beyond the statute of limitations. This is because the statute of limitations required to file a complaint with the Labor Supervision Brigade cannot exceed 2 years, and the application for labor arbitration cannot exceed 1 year

Legal basis: Article 27 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, the statute of limitations for applying for arbitration in labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties know or should have known that their rights have been infringed. <>

In the case of conflict with the Labor Contract Law, the Labor Contract Law shall prevail means that the new contracts signed after 08 years shall be subject to the Labor Contract Law in priority, and the contracts concluded before 08 years will continue to be performed as long as they do not conflict with the laws at that time (mainly the Labor Law), even if some clauses do not meet the requirements of the Labor Contract Law, that is to say, the original liquidated damages clause will continue to be valid. The Labor Contract Law does not have retroactive effect on contracts concluded before its implementation (Article 97 stipulates that severance is an exception clause and has retroactive effect).

Let's follow the principle of starting with the old and light.