Labor law consultation in the power company for 20 years, was dismissed in 2004, and now the applica

According to Article 27 of the current Law of the People's Republic of China on Labor Dispute Mediation and Arbitration (implemented in May 2008), the statute of limitations for labor dispute arbitration is one year. The statute of limitations for arbitration shall run from the date on which the parties knew or ought to 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 remedies from the relevant authorities, or the other party agrees to perform. From the date of interruption, the arbitration period is recalculated.

However, your problem occurred in 2004, and according to the principle of non-retroactivity of the law, the law at that time should be applied, that is, the statute of limitations is 60 days.

According to what you said, if you receive a dismissal letter from your employer at that time, your statute of limitations is only 60 days. If it can be handled now, it is necessary to find the reasons for the interruption of the statute of limitations, including asserting rights against the other party, or requesting rights relief from the relevant authorities, or the other party agreeing to perform, otherwise the arbitration commission will directly refuse to accept the case on the grounds that the limitation period has expired.

I hope mine will satisfy you.

According to Article 27 of the Law on Mediation and Arbitration of Labor Disputes, 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.

From 04 to the present, whether rights protection measures have been taken, such as applying for labor arbitration, or reporting to relevant departments, etc., if so, the statute of limitations will be suspended from the new calculation.

Hello! It's valid, but you have to find some proof of your job or something and go to the labor and social security department.

In the case of dismissal, then you can get compensation for 20 months' salary. If you sign a contract again, your contract is an unlimited contract, and you can report to the Labor Law Enforcement Supervision Brigade for this specific situation, and file it with the labor arbitration institution, and you can take a negotiated solution!

Let's seek legal solutions

The claimant shall submit a written claim for arbitration and submit copies according to the number of respondents. The application shall contain the statutory contents, including: 1. The name, gender, age, occupation, work unit and domicile of the employee, the name and domicile of the employer, and the name and position of the legal representative or the main person in charge; 2. The arbitration claim 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. If the arbitration commission makes a decision on whether to accept the application within 5 days after receiving the application, and does not accept the application or does not make any reply within 5 days, the applicant may file a lawsuit with the people's court. Where a decision is made to accept the application, a decision shall be made and sent to the applicant, and a copy of the application shall be sent to the respondent within 5 days of acceptance.

The respondent shall submit a statement of defense within 10 days, but if it does not submit a statement of defense, it will not affect the arbitration of the case.

1. During the performance of the labor contract, whether there is compensation for dismissal by the employer depends on the reason for dismissal

1. Due to serious violations of law and discipline, the employer terminates the contract in accordance with Article 39 of the Labor Contract Law without compensation, and may even compensate the employer for losses.

2. If the contract is terminated in accordance with Articles 40 and 41 of the Labor Contract Law, the employer shall pay the employee one month's salary and economic compensation for each year according to the number of years of service in the employer. Among them, if the contract is terminated in accordance with Article 40 of the Labor Contract Law, 30 days' written notice or an additional month's salary in lieu of notice shall be paid 30 days' notice in advance.

2. If the employer's termination of the contract does not comply with the provisions of Articles 39, 40 and 41 of the Labor Contract Law, it is an illegal termination of the contract, and the employee may claim compensation for continued performance of the contract or double the severance payment.

Attached: Labor Contract Law.

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

Article 41 In any of the following circumstances, where it is necessary to lay off 20 or more employees or less than 20 but accounting for more than 10 percent of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or the employees, it may reduce the number of personnel after reporting to the labor administrative department:

1) Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law;

2) Serious difficulties occur in production and operation;

3) The enterprise still needs to lay off personnel after changing the labor contract, after changing the labor contract;

4) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based. ......

If you can apply for labor arbitration, if you are not at ease, you may wish to go to the legal partner platform and consult the opinions of other lawyers.

1. All employers must unilaterally terminate the labor contract in accordance with the provisions of the Labor Contract Law, otherwise, the employer is suspected of illegally terminating the labor contract and needs to pay economic compensation.

After one year of service, two months' wages are paid, and depending on your situation, you can receive financial compensation for 22 months' wages.

It is recommended to negotiate with the employer or collect relevant evidence, and apply to the labor and personnel dispute arbitration commission in the place where the employer is located or the place where the labor contract is performed should be applied for arbitration.

Labor Contract Law

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

This depends on whether you have signed a labor contract with the company, and if so, it is 8 months' salary according to the labor law.

Because the implementation standards vary from region to region, please consult the local labor arbitration commission or apply for arbitration for specific conditions.

Your situation is quite complicated, what was the first person to enter the team (shareholder or employee) and how did you agree at that time? According to your description there should be no shares. If you work as an employee, why didn't you get paid in the first place?

Is there an employment contract or other agreement? Did you get a dismissal slip when you were fired? What is the rationale?

Most importantly, do you want to protect yourself, do you want to be compensated for being fired or do you want something else? These must be clear before they can be judged.

Yes, it is the right of every person with full capacity for civil conduct to apply for labor arbitration, and signing the dismissal notice in practice only means that you have received or seen the materials, and does not mean that you recognize the content therein. As long as the acceptance conditions of labor arbitration are met, it will be accepted and heard, and the probability of winning depends on the evidence and facts you can provide.

If the employer does not agree to the transfer of the employee to the position agreed in the contract, resulting in the resignation of the employee, it may request the employer to pay severance and one month's salary for each year of service.

Dismissal is the termination of the labor contract, according to the provisions of the current labor contract law, severance is to be paid, and a notice of dismissal is sufficient, and the arbitration is directly applied.

You can apply for labor arbitration, bring a notice of dismissal and proof of wages.

The statute of limitations for arbitration is one year. Article 82 of the Labor Law stipulates that "the party requesting arbitration shall submit a written application to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute."

The general provisions of the Civil Law stipulate that the statute of limitations for general civil rights is two years, and the statute of limitations for special civil rights is one year. This statute of limitations of the Labor Law is different from the statute of limitations for civil disputes, which is based on the particularity of labor dispute cases and aims to resolve labor disputes as soon as possible. However, in practice, due to the complexity of some labor dispute cases, it is difficult for employees to apply for arbitration within 60 days, and they often do not receive legal protection because the statute of limitations for arbitration has expired.

Especially in the situation of oversupply of labor, some workers, such as recent college graduates and migrant workers, know that their rights have been infringed, and in order to maintain labor relations with employers and keep their "jobs", they will not apply for arbitration as soon as a labor dispute occurs. Therefore, in the legislative process, there are many opinions that the 60-day limitation period stipulated in the labor law is too short, which is not conducive to protecting the legitimate rights and interests of workers. This Law refers to the provisions of the General Principles of the Civil Law on the statute of limitations for special civil rights, extends the limitation period for applying for arbitration, and stipulates that the limitation period for labor dispute arbitration is one year.