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Anonymous users2024-02-08year. Arbitration of labor dispute cases is a pre-procedure with a statute of limitations of 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. If the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.
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. 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.
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Anonymous users2024-02-07The validity period for applying for labor arbitration is 1 year. However, if a labor arbitration is initiated during the existence of the labor relationship, it is not subject to the one-year statute of limitations. In addition, the statute of limitations for applying for labor arbitration shall be subject to the provisions on interruption or suspension of the statute of limitations.
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Anonymous users2024-02-06The statute of limitations for labor arbitration is 1 year, which can be suspended, the statute of limitations for interrupting filing a lawsuit with the court is 2 years, and the statute of limitations for arbitration can be interrupted, that is, the statute of limitations for 2 years can be recalculated, so your situation must not have expired.
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Anonymous users2024-02-05Labor arbitration has a time limit for acceptance and a time limit for hearing. The time limit for acceptance is 5 days, and in accordance with the provisions of Article 29 of the Labor Dispute Mediation and Arbitration Law, within 5 days from the date of receipt of the application by the Labor Dispute Arbitration Commission, if it finds that it meets the conditions for acceptance, it shall accept it, and if it finds that it does not meet the conditions for acceptance, it shall notify the applicant in writing that it will not accept it. The duration of the trial is 45 to 60 days.
In accordance with Article 43 of the Law on Mediation and Arbitration of Labor Disputes, the arbitral tribunal shall conclude the award of a labor dispute case within 45 days from the date of acceptance of the arbitration application by the Labor Dispute Arbitration Commission. 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. Therefore, after the employee files an application for labor arbitration, under normal circumstances, the labor dispute arbitration commission shall issue an arbitration award within 50 days; If the case is complicated, the labor dispute arbitration commission shall make an arbitration award within 65 days.
OneYes
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