There are different opinions on the statute of limitations for labor arbitration on the Internet, wh

Labor Dispute Mediation and Arbitration Law of the People's Republic of China.

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.

If you say that one year of infringement means that the employee knows about it within one year, I say that the term "one year after leaving the company" is widely used, and it is difficult for the company to prove whether the employee knew about it before leaving the company. In fact, many legal provisions are like this, and the key is to see the actual basis and evidence strength of the parties to the arbitration, as well as the spirit of the legislation, before the arbitral tribunal can make a reasonable ruling. For example, if the employee has sufficient evidence, it can be traced back to two years or even two years ago.

Why is it said that the employee has sufficient evidence, because if the overtime pay dispute is within one year, the enterprise shall provide evidence, and if the enterprise cannot provide evidence, it must bear the adverse consequences. Will this lead to malicious arbitration or even malicious destruction of evidence by some workers?

The provision is dead, but the arbitral tribunal's award is either dead or immutable, and that is the reason.

Statute of Limitations, Start Date] "Reply to the Regulations of the People's Republic of China on the Settlement of Labor Disputes in Enterprises How to Understand Article 23" Lao Ban Fa <1994 No. 257 stipulates: Article 23 of the Regulations of the People's Republic of China on the Settlement of Labor Disputes in Enterprises stipulates that "the date on which the right holder knows or should know that his rights have been infringed" refers to the date on which there is evidence that the right holder knows that his rights have been infringed, or the date on which the right holder knows that his rights have been infringed according to general rules, that is, the date on which the labor dispute occurs. "The date on which he knew or ought to have known that his rights had been infringed" is the beginning of the statute of limitations for labor dispute arbitration.

There are many laws based on it, labor contract law, labor law, and judicial interpretations, etc., if you are engaged in law, check it yourself, there are a lot of them on the Internet, if you are not doing this business, there is no need to know so much, it is troublesome, just find a lawyer to consult if you encounter a problem, anyway, the consultation is generally free.

Reference may be made to the Supreme People's Court's Interpretation (II) on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases

Answer] :d the Law on Mediation and Arbitration of Disturbance Disputes, which came into effect on May 1, 2008, stipulates that the limitation period for applying for arbitration of labor disputes is one year. Therefore, D should be chosen for this question.

Legal analysis: Circumstantial effect in labor dispute arbitration refers to a statute of limitations system in which a party seeking to protect its legitimate rights due to a labor dispute must submit an arbitration application to the labor dispute arbitration commission within the statutory time limit, otherwise, the law will extinguish its right to apply for arbitration.

Legal basis: Article 23 of the Regulations of the People's Republic of China on the Settlement of Labor Disputes in Enterprises Article 23 The parties shall apply to the Arbitration Commission for arbitration in writing within 6 months from the date on which they know or should know that their rights have been infringed. If the time limit for applying for arbitration as provided for in the preceding paragraph is exceeded due to the parties' lack of defense majeure or other legitimate reasons, the arbitration commission shall accept it.

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Legal analysis: The limitation period for arbitration is calculated from the date on which the parties knew or should have known that their rights had been infringed. 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 employment relationship is terminated, the return shall be made within one year from the date of termination of the employment relationship.

Legal basis: Article 27 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 27 The limitation period for applying for arbitration of labor disputes is one year.