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The law protects you for more than 10 years, but it is not protected by law for more than 20 years. Specifically, take a look at the screenshot.
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1. What should I do if the statute of limitations for labor litigation has expired?
Where a written ruling, decision or notice of inadmissibility is made on the ground that the parties' application for arbitration exceeds the 60-day time limit, and the parties are dissatisfied and file a lawsuit with the people's court in accordance with law, the people's court shall accept it; Where the time limit for applying for arbitration has indeed expired and there is no force majeure or other legitimate reason, the litigation claim shall be rejected in accordance with law.
2. Validity of labor awards.
The Arbitration Law stipulates that the arbitration of general economic disputes shall "implement the system of finality of the award", that is, after the arbitral award is made, if the parties apply for arbitration or file a lawsuit with the people's court for the same dispute, the arbitration commission or the people's court shall not accept it; In labor dispute arbitration, if the parties are dissatisfied with the award, they may file a lawsuit with the people's court, except for several types of special labor disputes stipulated in the Labor Dispute Mediation and Arbitration Law. It can be seen that the adjudication of labor disputes is generally not final, and the law provides for the arbitration procedure, mainly considering that the handling of such disputes is highly professional, and it is better to be handled by some personnel who are familiar with this aspect of business, which is conducive to the rapid and efficient resolution of disputes, and at the same time, it also reduces the litigation pressure of the court to a certain extent and saves trial resources.
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Labor disputes are subject to a statute of limitations, which is now one year. The labor dispute you mentioned ten years ago shows that the statute of limitations for arbitration has long expired, so the labor dispute arbitration commission will generally not accept it. Even if the other party argues against it after acceptance, your claim cannot be supported.
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No, there is hope, as long as you work hard, there will be results.
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There is basically no hope anymore, it's been too long.
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If you have been in the regulations for 10 years, I believe that you will continue to follow up, there should be hope to continue to fight, and now it is to protect the rights and interests of the peasants.
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Hello friend. 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, and if the labor relationship is terminated, it shall be one year from the date of termination.
If the labor relationship is terminated, the application for arbitration shall be one year from the date of termination, and those who are dissatisfied with the arbitration may file a lawsuit with the court. Pre-arbitration proceedings.
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This has been too long in the past and may exceed the statute of limitations for arbitration, so you can consult a professional lawyer for details.
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Yes, 2 years is required by law.
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How could it take so long? Personally, I think it's going to be hard to win.
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Labor disputes that have lasted more than 10 years are definitely hopeless, and if you want to have hope, you can file a new complaint and go to the labor arbitration commission to complain.
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Legal analysis: The pre-procedure for labor dispute litigation is labor arbitration, so before filing a labor lawsuit, you must apply for labor arbitration, and the term of labor arbitration is one year, so you cannot apply for arbitration after two years.
Legal basis: Law of the People's Republic of China 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. 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 during the existence of the labor relationship due to arrears of labor remuneration, 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, and 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, place of work and domicile of the worker, the name and domicile of the employer, the name and position of the legal representative or the principal responsible person, (2) the facts and reasons on which the arbitration claim is based, (3) the evidence and evidence**, and the name and address of the witness.
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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