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There is no way. The statute of limitations for applying for labor arbitration is one year, at most, the employee can apply within one year after terminating the labor relationship with the employer, and cannot apply for labor arbitration after one year. Labor disputes that were a few years ago were not accepted.
In accordance with the Law 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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It's usually a two-year statute of limitations, how many years have you been out of the job?
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How many years are years? It's time-limited!
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Summary. Hello dear, if you find that there is an objection to the salary after leaving the job, you can take the following measures:1
Contact the company's HR department or finance department for consultation: First try to solve the problem by communicating with the company. Contact the company's HR department or finance department to understand the situation and understand the specific methods and standards for salary calculation.
If the company violates the provisions of labor laws and regulations and defaults on wages, you have the right to file a complaint with the labor inspection department, apply for arbitration, or file an arbitration or lawsuit for labor disputes to protect your legitimate rights and interests. 3.Retention of relevant evidence:
In the process of handling objections, it is recommended that you properly retain relevant evidence, such as pay slips, bank statements, resignation certificates, etc., so that you can prove your rights and interests in the future.
Resigned on the 26th of last month, is it legal to not have a bonus at the time of paycheck.
Hello dear, if you find that there is an objection to the salary after leaving the job, you can take the following measures:1Contact the company's HR department or finance department for consultation
First try to solve the problem by communicating with the company. Contact the company's HR department or finance department to understand the situation and understand the specific methods and standards for salary calculation. 2.
Enforce your rights in accordance with contracts and legal provisions: If the company is unable to resolve the issue, it is recommended that you review the employment contract and relevant laws and regulations to understand your rights and responsibilities. If the company violates the provisions of labor laws and regulations and defaults on wages, you have the right to file a complaint with the labor inspection department, apply for arbitration, or file an arbitration or lawsuit for labor disputes to protect your legitimate rights and interests.
Relevant laws and regulations: Article 4 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes In the event of a labor dispute, the employee may negotiate with the employer, or invite the labor union or a third party to negotiate with the employer to reach a settlement agreement. Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
I resigned on the 26th of last month The company said that I was absent from work on the 26th, 29th, 30th, 31st, so last month's bonus was gone, is it legal.
Hello dear, this one is not legal.
Whether it is a bonus or a performance that is not paid is not legal.
The company deducted my salary on the grounds that I had not left the company for less than the number of days I had left the company, in this case, could I apply for labor arbitration to protect my rights?
Hello dear, according to your situation, it is possible to pro.
How can I protect my rights and interests?
My unit is in Tianjin, but I have resigned, and I am no longer there.
Hello dear, according to your situation, you can apply for labor arbitration.
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Summary. In general, in the event of a labor dispute, it is recommended to negotiate privately with the other party first to resolve the problem with the highest efficiency. However, if the negotiation fails, you can file a complaint with the labor bureau or other labor administrative departments; If the complaint still does not achieve the effect of rights protection, it may further apply for labor arbitration, and if it is not satisfied with the arbitration result, it may also unilaterally file a civil lawsuit.
It should be noted that no matter which method of rights protection is adopted, the relevant evidence must be kept well first, so as to better protect your legitimate rights and interests.
Hello, I am a cooperative lawyer of Legalis, and I am happy to serve you.
In general, in the event of a labor dispute, it is recommended to negotiate privately with the other party first to resolve the problem with the highest efficiency. However, if the negotiation fails, you can file a complaint with the labor bureau or other labor administrative departments; If the complaint still does not achieve the effect of rights protection, it may further apply for labor arbitration, and if it is not satisfied with the arbitration result, it may also unilaterally file a civil lawsuit. It should be noted that no matter which method of rights protection is adopted, it is necessary to keep the relevant evidence first, so as to better protect your legitimate rights and interests.
You can complain at 12333.
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