The latest wage dispute can be arbitrated

In the case of wage disputes, if there is a dispute over the amount of wages, the provisions of the limitation period for labor arbitration shall apply, that is, one year, and if the wages are in arrears, there are currently two ways to calculate the limitation period, one is calculated from the date of arrears, and the other is calculated from the date when the employer explicitly refuses to pay, but the employee must be able to provide evidence of multiple reminders.

Labor disputes arising from wage issues can be resolved through labor arbitration and are not subject to the limitation period for arbitration. However, in the case of claiming arrears of wages after resignation, the statute of limitations shall be limited within one year from the date of termination of the employment relationship.

According to Article 27 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, 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 duration of wage arbitration is 1 year.

The general statute of limitations for applying for labor arbitration is one year, and if a dispute arises due to arrears of labor remuneration, the employee's application for arbitration during the existence of the labor relationship 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.

Countermeasures against wage arrears:

1. Collect on-the-job evidence In the process of resolving wage arrears, evidence must be left, such as contracts, salary slips, punch-in records, tooling, work information, colleague testimony, and proof of wage arrears. If it is illegal to fail to sign a labor contract, you can ask the employer to pay double wages up to a maximum of 11 months;

2. Communicate and negotiate with the boss, if it has not been sent, communicate directly with the boss, and ask the boss to write an IOU when the specific time is issued, indicating how long the salary has not been paid, how much money is paid every day, and how much money is in total to be written, so as not to have no voucher when you want to pay in the future;

3. After collecting the relevant evidence of the first and second steps through legal means, apply to the local labor inspection department for labor arbitration for help, and recover wages from the employer through the award issued by the labor arbitration. If the labor arbitration is not accepted or the labor arbitration decision is not satisfied, a civil lawsuit can be filed with the court within 15 days and the court judgment can be directly enforced.

Procedures for applying for labor arbitration:

1. The parties applying for arbitration shall submit a written application for arbitration and submit copies according to the number of applicants, and secondly, the arbitral tribunal shall first mediate the labor dispute so that the parties can voluntarily reach an agreement;

2. The arbitral tribunal shall notify the parties in writing of the date and place five days before the final award and the arbitral tribunal shall prepare an arbitration statement and serve it on both parties.

To sum up, if the arrears of wages are negotiated with the employer first, if the negotiation cannot be resolved, the employer can be resolved through the following legal channels and apply for labor arbitration.

Legal basis]:

Article 30 of the Labor Contract Law of the People's Republic of China.

The employer shall, in accordance with the provisions of the labor contract and state regulations, pay the labor remuneration to the employee in full and in a timely manner. If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.