If the employee applies for arbitration within 60 days, will she still be able to get the wages owed

OK. 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.

Workers must be very angry when they can't get the corresponding income for their hard work, so when facing the company's wage arrears, workers also want to tear up their feelings and solve their current difficulties through legal means to get their wages. So, can arrears of wages go through labor arbitration? You can take a look at the introduction.

1. Can arrears of wages be subject to labor arbitration?

If you are in arrears of wages, you can choose to protect your rights by initiating labor arbitration, and you can file for resignation in accordance with the law.

Article 85 of the Labor Contract Law stipulates that if an employer falls under any of the following circumstances, the labor administrative department shall pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable

1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2) Paying wages to workers at a rate lower than the minimum wage standard in the area where the liquid was destroyed;

3) arranging overtime work without paying overtime pay;

4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

2. How to deal with wage arrears

In the case of arrears of wages by the employer, the employee shall first negotiate with the employer, and if the negotiation cannot be resolved, the employee can resolve the matter through the following legal means:

1) Complain and report to the local labor and social security inspection agency;

2) To apply to the local labor dispute arbitration commission for arbitration, it should be noted that a written application should be submitted to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute;

3) Resolve through litigation. This is divided into three cases:

First, for labor dispute cases, if either party is dissatisfied after labor arbitration, it may file a lawsuit with the court;

Second, if the employer does not enforce the labor arbitration award after the arbitration award takes effect, the migrant worker may apply to the court for compulsory enforcement;

Third, those who belong to the category of labor arrears can directly file a civil lawsuit with the court.

Can arrears of wages go to labor arbitration? When the company has arrears of wages, the employee can go to labor arbitration, but before labor arbitration, it is necessary to have a corresponding understanding of the arbitration matters.

That is, the labor dispute arbitration committee has expired, and you can find the arbitrator who heard your case and ask him to issue an arbitration result immediately; If you want to go to the court, you can directly write an application, because the arbitration committee has passed the trial period of 60 days, I request to terminate the trial and go to the court to file a lawsuit; Can.

The maximum duration of labor arbitration is 60 days, and if there is no ruling within the time limit, a lawsuit may be filed with the people's court on the labor dispute.

Article 43 of the Law on Mediation and Arbitration of Labor Disputes: The arbitral tribunal shall adjudicate 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.

When the arbitral tribunal decides a labor dispute case, a part of the facts is already clear and it may make a preliminary decision on that part.