How long is labor arbitration valid?

The time limit for labor arbitration is one year, and employees can apply for arbitration within the prescribed time limit after learning that their rights and interests have been infringed. Because disputes arising from the determination of labor relations, disputes over the payment of labor remuneration, disputes over dismissal and modification of labor contracts, etc., are all within the scope of acceptance of labor arbitration. If the employee fails to apply for arbitration within the time limit, the only means for the employee to protect his or her rights is to file a lawsuit.

The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one party asserts rights against the other party, or requests remedies from the relevant authorities, or the other party agrees to perform its obligations. The limitation period for arbitration shall be recalculated from the time of interruption. From the time of interruption, the arbitration limitation period is recalculated.

The employer and the employee may apply for labor arbitration in the event of the following labor disputes: disputes arising from the confirmation of the employment relationship; Disputes arising from the conclusion, performance, modification, rescission and termination of employment contracts; disputes arising from removal, dismissal, resignation or resignation; disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection; Disputes arising from labor remuneration, work-related injury medical expenses, economic compensation or compensation, etc.; Other labor disputes stipulated by laws and regulations. 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 arbitral award shall normally be rendered within 60 days of receipt of the application for arbitration. If there is no objection to the arbitral award, the parties must perform it.

Legal basisArticle 27 of the Law of the People's Republic of China 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.

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.

The limitation period for applying for arbitration of labor disputes is one year, counting from the date on which the rights were known or should have been known. If a party is dissatisfied with the labor arbitration award, it may file a lawsuit with the court within 15 days from the date of receipt of the award, and the award for non-prosecution within the time limit shall take effect. Labor arbitration is a final decision on the recovery of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation not exceeding the amount of the local monthly minimum wage standard for 12 months, as well as disputes arising from the implementation of national standard working hours, rest and vacation, social insurance, etc., and shall take effect from the date of issuance.

Legal basis] Article 47 of the Labor Dispute Mediation and Arbitration Law.

Except as otherwise provided in this Law, the arbitral award shall be final and effective as of the date of its issuance: (1) Disputes over the recovery of labor remuneration, work-related injury medical expenses, economic compensation or compensation not exceeding the amount of the local monthly minimum wage standard for 12 months; (2) Disputes arising from the implementation of national labor standards in terms of working hours, rest and vacation, social insurance, etc.