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The statute of limitations for applying for labor arbitration is one year, calculated from the date on which the right was known or should have been known. Within five days from the date of receipt of the arbitration application, if the arbitration commission finds that the conditions for acceptance are met, it shall accept the application and notify the applicant.
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.
Article 29 Within five days from the date of receipt of the arbitration application, if the labor dispute arbitration commission finds that the conditions for acceptance are met, it shall accept the application and notify the applicant; Where 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. If the labor dispute arbitration commission does not accept the case or fails to make a decision within the time limit, the applicant may file a lawsuit with the people's court on the labor dispute matter.
Article 30 After accepting the arbitration application, the labor dispute arbitration commission shall serve a copy of the arbitration application to the respondent within five days.
After receiving a copy of the arbitration application, the respondent shall submit a statement of defence to the labor dispute arbitration commission within 10 days. After receiving the statement of defense, the labor dispute arbitration commission shall send a copy of the statement of defense to the applicant within five days. If the respondent fails to submit a statement of defence, it shall not affect the conduct of the arbitration proceedings.
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One year from the date on which the right was known or ought to have been violated.
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There is no time limit for acceptance, only the time for investigation and processing, as follows:
Regulations on the Supervision of Labor and Social Security
Article 17 The investigation of violations of labor security laws, regulations or rules by the administrative department for labor security shall be completed within 60 working days from the date on which the case is filed; If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.
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Hello, after a dispute occurs, it is recommended to negotiate first, and if the negotiation fails, you can collect evidence, go to the labor inspection department to complain, or apply for labor arbitration. Labor arbitration refers to the mediation and adjudication of labor disputes by the labor dispute arbitration commission on the arbitration of the parties. In China, labor arbitration is a necessary procedure for parties to a labor dispute to file a lawsuit in the people's court.
According to the Labor Dispute Mediation and Arbitration Law, the party initiating labor arbitration shall submit a written application to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute. Unless the parties apply for arbitration due to force majeure or other justifiable reasons, the arbitration commission shall not accept the application if the time limit for arbitration has expired as prescribed by law.
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The state implements that workers should deduct 104 days of public holidays for 52 weeks and 11 statutory holidays from the 365 calendar days of the year, and should work 250 days a year, with an average of 8 hours per month. Based on this calculation, the average working hours should be about 167 hours per month. The working hours system shall not exceed the above-mentioned quota.
Article 36 of the Labor Law stipulates that the State shall implement a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.
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According to Article 36 of the Labor Law of the People's Republic of China and the relevant provisions of the Provisions on the Working Hours of Employees, the current standard working hours system in China is that the daily working hours of workers do not exceed eight hours, and the average weekly working hours do not exceed forty hours. Under normal circumstances, no unit or individual may extend the working hours of a worker without authorization.
Article 41 of the Labor Law of the People's Republic of China stipulates that the restrictions on extended working hours include overtime on normal working days, rest days and statutory holidays, and the total number of overtime hours on working days, rest days and statutory holidays in each month shall not exceed 36 hours.
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The working hours in the new labor refer to the time that the employee is engaged in work or production at the employer within the statutory limit in order to fulfill his work obligations, including the time of preparation for the end of work, the time of work, and the time when the employee naturally needs to interrupt, of which the working hours system does not exceed 8 hours per day and 44 hours per week, and the working hours system stipulated in the labor law includes the standard working hours system, the comprehensive calculation of working hours system and the irregular working hours system.
1.The standard working hours are no more than 8 hours per day and no more than 40 hours per week on average.
2.The comprehensive calculation of working hours is a working hours system that adopts a comprehensive calculation of working hours on a weekly, monthly, quarterly, annual and other cycles for some employees of enterprises who need to work continuously or are restricted by seasonal and natural conditions due to the special nature of their work, but the average daily working hours and average weekly working hours should be basically the same as the statutory standard working hours.
3.The irregular working hours system is a working hours system adopted for employees who cannot be measured by standard working hours or need to work flexibly due to the relationship between production characteristics, special needs of work or the scope of duties.
4.The unit implements a comprehensive calculation of working hours or an irregular working hours system, which requires the approval of the labor administrative department.
5.For part-time employment, the average working hours of an employee in the same employer shall not exceed 4 hours per day, and the cumulative working hours per week shall not exceed 24 hours.
6.The employer shall ensure that the employee has one day off per week. Workers shall be arranged to take leave on statutory holidays.
7.Due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and the workers, and generally shall not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed 3 hours per day, but shall not exceed 36 hours per month under the condition of ensuring the health of the worker.
8.The employer shall pay the employee overtime wages according to the following standards:
1) Extended working hours and remuneration of not less than 150% of wages;
2) If the worker is arranged to work on the rest day, he or she may take the rest or pay no less than 200% of the wage;
3) Arrange workers to work on statutory holidays and pay wages and remuneration of not less than 300% of wages.
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The Labor Code stipulates:
Article 36.
The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed 44 hours.
Article 37.
For workers who work on a piece-rate basis, the employer shall reasonably determine the labor quota and piece-rate remuneration standards in accordance with the working hours system provided for in Article 36 of this Law.
Article 38 The employer shall ensure that the worker has at least one day off per week.
Article 39.
If an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of production, it may implement other work and rest measures with the approval of the labor administrative department.
Your factory works twelve hours a day, and there are no days off. If it is not approved by the labor department for "other work and rest methods", it is an illegal act, and it can be reported to the local 12333 labor inspectorate!!
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Your factory has violated the labor law, go to the labor department to complain.
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1. In accordance with the relevant provisions of the "Labor Law of the People's Republic of China" and the "Provisions on the Working Hours of Employees", the standard working hours system of eight hours a day and forty hours a week is implemented. However, if some enterprises are unable to implement the standard working hours system due to the nature of their work and the characteristics of their production, they shall implement a six-day working week on the basis of ensuring that the daily working hours of the workers do not exceed eight hours and the average weekly working hours do not exceed 40 hours.
2. Article 41 of the Labor Law of the People's Republic of China stipulates that the conditions for an employer to extend the working hours of an employee are: first, the need for production and operation; Second, in terms of procedures, it is necessary to consult with the labor union and the workers before working overtime; Third, the time for overtime must comply with the provisions of the law, that is, it shall not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the daily hours shall not exceed three hours under the condition of ensuring the health of the workers; The total number of hours per month shall not exceed thirty-six hours.
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The enterprise owes wages, and there must be a time limit for the Labor Bureau to accept it, and I will check it for you:
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08:00-11:30 a.m.;
14:00-17:30 p.m.;
Not on duty 24 hours a day;
Complaints will not be accepted on statutory holidays and public holidays.
The Labor Bureau includes the Labor Branch and the Labor and Employment Service Center.
1. The main responsibilities of the Labor Branch are:
1. Implement the national and provincial and municipal policies, laws and regulations related to labor work, and organize the implementation of the labor development plan and annual plan formulated by the city.
2. Comprehensive management of urban and rural labor employment, mobile employment, and foreign-related employment within the jurisdiction; Comprehensive management of vocational skills training, vocational skills assessment and appraisal within the jurisdiction; Implement a labor reserve system and a vocational qualification certificate system.
3. Comprehensively manage the coordination of labor relations of various enterprises in the jurisdiction, and be responsible for the verification of labor contracts, labor dispute handling and labor dispute arbitration of enterprises in the jurisdiction;
4. Exercise the right of labor administrative supervision and inspection in accordance with the law, supervise and inspect the implementation of labor laws and regulations of enterprises within the jurisdiction, organize the investigation and punishment of labor violation cases, and deal with mass emergencies in labor relations;
Responsible for labor petitions; Responsible for the popularization of labor law.
5. Comprehensive management of labor and employment service center; Undertake other matters assigned by the Labor Bureau.
2. The main tasks of the Labor and Employment Service Center are:
1. Responsible for the development and utilization of labor resources, urban and rural labor employment, and mobile employment within the jurisdiction;
2. Responsible for the service of policy-based employment placement and re-employment of unemployed workers within the jurisdiction;
3. Entrusted to undertake the approval of employment declaration, recruitment of workers from other provinces and recruitment advertisements;
4. Responsible for labor poverty alleviation and labor cooperation; Responsible for vocational skills training and vocational skills assessment and appraisal services within the jurisdiction;
5. Responsible for the construction of labor market information network; Responsible for the statistics of migrant employment; Responsible for the verification and payment of temporary worker deployment fees.
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30;14:00-17:30 p.m. (this time may vary depending on the season)
But not 24-hour duty; Complaints will not be accepted on statutory holidays and public holidays. Closed on Saturdays and Sundays.
I hope it helps you, remember to give me a thumbs up, love you.
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Human resources and social security bureaus (commonly known as "labor bureaus") across the country, the external office hours are different, generally:
Monday to Friday 9:00 a.m. - 17:00 p.m., closed on Saturdays, Sundays and national holidays.
Labor and social security consultation**12333 is open 24 hours a day, there are manual answers during working hours, automatic voice answering and recording during non-working hours, and you can make complaints.
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8 a.m. to 6 p.m., not 24 hours on duty, no complaints on Saturdays and Sundays.
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What are the working hours of the labor bureau, such as the labor bureau company, it is generally 8 hours, but he usually works from Monday to Friday, and he will not work on Saturday and Sunday.
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Working hours are generally Monday to Friday from 8:30 a.m. to 12:00 p.m. and from 14:30 p.m. to 5:30 p.m.
There are also places where it is from 9:00 am to 12:00 pm and from 15:00 pm to 6:00 pm. (Summer and winter working hours will be adjusted accordingly).
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Today ** asked about it, and it was 1:15 in the afternoon to work.
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At half past four, the people had already run away.
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I just called the Labor Bureau**, and I couldn't get through after calling it several times.
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If the monthly salary is lower than the basic salary, can I switch it arbitrarily on Sunday and Monday off?
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Hello, may I ask for the address of the Labor Bureau, and the address of the Labor Bureau of the Gangan District.
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When will the Labor Bureau go to work after the Spring Festival.
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This should be 9 hours, haha, this is also a good overtime, so you can work for a few more hours.
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The Labor Bureau, which should now be called the Human Resources and Social Security Bureau, is a functional department.
You just need to remember one thing: all the ** functional departments (including what you call the labor bureau, of course), generally work from 8:00 to 11:00 a.m. from Monday to Friday
30, 2:00 p.m. to 5:00 p.m.
There are also places where it is from 8:30 a.m. to 12:00 p.m. and 2:00 p.m
30 to 5:30
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In this way, the factory goes to work every day, and it can't recognize holidays, only weekends and weekends, because the wage has risen to the bottom of 2130, how to complain!
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