How long does it take to apply for labor arbitration with double wages?

Labor dispute arbitration shall not exceed 60 days from acceptance to award.

According to Article 29 of the Law of the People's Republic of China on Arbitration and Mediation of Labor Disputes, if the labor dispute arbitration commission finds that it meets the conditions for acceptance, 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.

According to Article 43 of the Law of the People's Republic of China on Arbitration and Mediation of Labor Disputes, the arbitral tribunal shall conclude its decision 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.

After submitting the arbitration application, the labor arbitration commission shall make a decision on whether to accept the application within five days, and conclude the case within 45 days (up to 60 days). See Article 1 of the Law on Mediation and Arbitration of Labor Disputes. Mobile phone questions can only be 100 words, this one can't fit, if the computer asks, I can give you many useful suggestions.

A decision on admissibility shall be made within five days.

Submit an application for arbitration, send a notice on the same day, arrange which day, generally within a month, the result will come out after 15 days, and then there will be 15 days for either party to be dissatisfied with the court to file a lawsuit when the lawsuit expires, and the award will take effect, and the arbitrator will not pay the court to apply for payment within 15 days after the arbitration statement takes effect.

Five days, it actually takes seven days.

Lawyer answersyear. Lawyer analysisThe statute of limitations for paying double wages is one year.

1. In the event of a labor dispute between an employee and an employer, the limitation period for applying for arbitration of the labor dispute is one year.

2. The limitation period for arbitration shall be calculated from the date on which the parties know or should know that their rights have been infringed.

3. After the statute of limitations for arbitration and litigation expires, if the employee applies for labor arbitration, the labor arbitration will not be accepted.

Legal basisArticle 27 of the Law on Mediation and Arbitration of Labor Disputes.

Limitation period for arbitration: 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.

Due to force majeure or other justifiable reasons, the parties cannot be in this article.

Where an application for arbitration is made during the limitation period for arbitration provided for in paragraph 1, 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 this article.

the limitation period for arbitration under paragraph 1;

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

Lawyer analysis

Circumstances under which you can apply for labor arbitration for double wages:

1.If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year, it shall pay the employee twice the monthly wage;

2.If an employee is assigned to work on a rest day and cannot be compensated for the rest, he shall be paid a wage remuneration of not less than 200% of the wage.

Legal basis

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

If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract shall be concluded (Article 44 of the Labor Law of the People's Republic of China).

In any of the following circumstances, the employer shall pay the employee a wage higher than the wage for normal working hours according to the following standards:

1) Where a worker is arranged to work longer hours, a wage remuneration of not less than 150 percent of the wage shall be paid;

2) If a worker is assigned to work on a rest day and cannot be arranged for a compensatory holiday, a wage remuneration of not less than 200 percent of the wage shall be paid;

3) If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.