On the issue of the statute of limitations for arbitration of labor contracts

According to Article 27 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, the limitation period for applying for labor arbitration for 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.

Therefore, the parties shall submit a written application to the arbitration commission within one year from the date on which they know or should have known that their rights have been infringed. If the applicant applies for labor arbitration beyond the statute of limitations, and cannot prove that there is a reason for suspension or interruption, he or she will bear the risk of losing the right to win the lawsuit. Unless your friend can adduce evidence that he didn't know he didn't sign the contract, the statute of limitations will have passed.

The statute of limitations for arbitration is one year.

There are two views on the algorithm of the statute of limitations in practice, neither of which violates the law.

The first type: double pay is only supported for 11 months, from the second month of employment, then the statute of limitations has expired in this situation, and the request will not be supported.

The second type is that double wages are paid until the employee leaves the employer or signs an employment contract, so that your time limit has not expired and you will receive double wages from March 2010 to August 2012.

Considering that most enterprises do not standardize employment and do not sign labor contracts, in order to avoid excessive burdens on enterprises, the first view is mostly adopted in practice.

The social insurance company paid it, but the contract was not signed? This, unlikely, right? The contract is required to pay the insurance.

If you really don't sign a contract, the statute of limitations has not expired. It is possible to start claiming double wages from March 2010 onwards.

If the statute of limitations for arbitration fails, you can apply for labor arbitration and claim double wages, but you need to prove the existence of a de facto labor relationship.

If you have not signed an employment contract for more than one year, it will be deemed that you have established an indefinite employment contract with the company, and the company does not need to pay the difference in wages between the two defendants, but you can still claim the insurance issue.

1. The statute of limitations for arbitration of labor disputes is one year.

2. Double salary refers to the period from November 29, 2009 to October 29, 2010, a total of 11 months. Each month is set back by one year for the time limit of that month's wages.

3. Therefore, if you apply for arbitration in April 2011, you should be able to claim that from April 29, 2010 to October 29, 2010, a total of 6 months of double wages, and you were paid a salary before, and now you can be paid 6 months' wages.

The statute of limitations for arbitration of labor disputes is one year. At present, all arbitration institutions and courts take the time of double wages as the starting point in the dispute over double wages. If you claim an unsigned employment contract between November 29, 2009 and November 28, 2010, you must file it at least before November 28, 2011.

You can also claim at least double your salary for the period from April to November 2010. In fact, I personally believe that the application of the law by labor arbitration and the court is, to a certain extent, a reward for those employers who successfully delay for two years without signing a written labor contract.

Lawyer Xie Zhimin.

The statute of limitations for labor arbitration is one year!

The statute of limitations for applying for arbitration has not expired!

The statute of limitations for arbitration is one year and the statute of limitations for litigation is two years.

Article 82 of the Labor Law of the People's Republic of China stipulates that the party requesting arbitration shall submit a written application to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute.

You are still within the time limit and can apply for labor arbitration.

The law stipulates that the time limit for applying for labor arbitration is one year, so you can apply for labor arbitration within one year from the date you leave the company.