How long does labor arbitration take and how long does labor arbitration take

Labor arbitration proceedings generally take 60 days. According to the arbitral award, it shall generally be made within 60 days of receiving the application for arbitration, and if the party is not satisfied with the arbitration, the party shall file a lawsuit within 15 days from the date of receipt of the arbitral award.

[Legal basis].

Article 82 of the Labor Law of the People's Republic of China.

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.

Article 83.

If a party to a labor dispute is dissatisfied with the arbitral award, it may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award. If one party does not file a lawsuit and fails to perform the arbitral award within the statutory time limit, the other party may apply to the people's court for compulsory enforcement.

Article 84.

If a dispute arises due to the signing of a collective contract and the parties cannot reach a settlement through negotiation, the local people's labor administrative department may organize the relevant parties to coordinate and deal with it.

If a dispute arises due to the performance of a collective contract and the parties cannot reach a settlement through negotiation, they may apply to the Labor Dispute Arbitration Commission for arbitration; If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award.

Labor arbitration takes within 45 days. The limitation period for arbitration is calculated from the date on which the parties know or should know that their rights have been infringed, and within one year after the occurrence of the labor dispute, the employee claims rights from the employer, or requests rights and remedies from the relevant authorities, or the employer agrees to perform its obligations.

Labor arbitrationThe labor dispute arbitration tribunal shall conclude the labor dispute within 45 days from the date of its formation, and if the case is complicated and needs to be extended, it may be appropriately extended with the approval of the chairman of the arbitration commission, and the parties shall be notified in writing, but the extended period shall not exceed 15 days, and if the arbitration award is not made within the time limit, the parties may file a lawsuit with the people's court on the labor dispute matter.

If the application meets the requirements, the arbitration commission shall make a decision on acceptance or non-acceptance within 5 days from the date of receipt of the application, and if the arbitration commission decides to accept the application, a copy of the application shall be served on the respondent within 5 days from the date of the decision, and an arbitration tribunal shall be formed.

The labor arbitration procedure generally takes about two months from the application to the award. The limitation period for applying for arbitration of labor disputes is one year, which is calculated from the date on which the parties know or should know that their rights have been infringed; The Labor Dispute Arbitration Commission shall decide whether to accept the arbitration application within five days from the date of receipt of the arbitration application; The arbitral tribunal shall make an award in a labor dispute case within 45 days from the date of acceptance of the arbitration application, and if the case is complicated and requires an extension, the extension shall not exceed 15 days.

[Legal basis].Article 43 of the Law on Mediation and Arbitration of Labor Disputes.

The arbitral tribunal shall decide 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 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.

When the arbitral tribunal decides a labor dispute case, a part of the facts is already clear and it may make a preliminary decision on that part.

The entire process of labor arbitration generally takes 45 days.

Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China: (1) disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.; (6) Other labor disputes as provided for by laws and regulations. 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.

If, due to force majeure or other justifiable reasons, the parties are unable to apply for arbitration within the period of limitation for rough arbitration as provided for in paragraph 1 of this Article, 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.

Legal analysis: In case of labor disputes, workers can call labor security **12333 to report to the labor administrative department, which will handle it, or Wang Zila can apply for labor arbitration; If none of the above methods can be solved, a civil lawsuit can be filed with the court. It should be noted that employees should collect and keep evidence such as salary IOUs and employment certificates in a timely manner to support and protect their legitimate rights and interests.

Legal basis: Labor Arbitration Law of the People's Republic of China Article 2 This Law shall apply to the following labor disputes between employers and employees within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

(2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration slippage, work-related injury medical expenses, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Consult me. In the event of a labor dispute between an employee and an employer, the time limit for applying for arbitration is one year, calculated from the date on which the parties knew or should have known that their rights had been infringed. However, during the existence of the labor relationship, the employee who has a dispute over arrears of labor remuneration is not subject to the limitation period for arbitration.

If the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship. Slippery.

The statute of limitations 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.

How long does labor arbitration take According to the "Labor Dispute Mediation and Arbitration Law of the People's Republic of China", within five days from the date of receipt of the arbitration application, if the labor dispute arbitration commission finds that it meets the conditions for acceptance, it shall accept it and notify the applicant; If it is found that the requirements for acceptance are not met, the applicant shall be notified in writing not to accept the application, and the reasons shall be explained.

The validity period for applying for labor arbitration is one year. Article 27 of the Labor Dispute Mediation and Arbitration Law stipulates that the limitation period for applying for arbitration of labor disputes is one year. The period of validity in arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.