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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 claimant applying for arbitration shall submit a written application for arbitration and submit copies according to the number of respondents.
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 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.
Article 28 The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents.
The statement of claim for arbitration shall contain the following particulars:
1) The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;
2) the claim for arbitration and the facts and reasons on which it is based;
3) Evidence and evidence**, names and addresses of witnesses.
If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration commission shall record it in the record and inform the other party.
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Hello, one year, labor arbitration application, identity certificate and evidence are required.
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Legal Analysis: The arbitral tribunal shall conclude the adjudication of a labor dispute case within 45 days from the date on which the labor dispute arbitration committee accepts the arbitration application.
If the case is complicated and needs to be extended, it may be extended with the approval of the chairman of the labor dispute arbitration commission and notified in writing to the parties, 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 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.
Legal basis: Article 4 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration Article 4 The arbitral tribunal shall conclude its decision on a labor dispute case within 45 days from the date on which the arbitration application is accepted by the Labor Dispute Arbitration Commission.
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After the work-related injury appraisal is issued, the parties can apply for arbitration immediately. The company generally needs to report within one month of the occurrence of the work-related accident, and if the company does not apply, the employee can apply for work-related injury recognition within one year. It should also be noted that the limitation period for applying for arbitration of labor disputes is one year.
Regulations on Work-related Injury Insurance
Article 17. If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.
If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his immediate family members or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area where the employer is located. In accordance with the provisions of the first paragraph of this Article, the provincial-level social insurance administrative department shall handle the determination of work-related injuries by the social insurance administrative department at the districted city level where the employer is located in accordance with the principle of territoriality.
1.According to Article 25 of the Regulations on Work-related Injury Insurance, the Labor Ability Appraisal Committee shall make a labor ability appraisal conclusion within 60 days from the date of receipt of the labor ability appraisal application, and if necessary, the time limit for making a labor ability appraisal conclusion may be extended by 30 days. The conclusion of the labor ability appraisal shall be promptly sent to the units and individuals applying for the appraisal. >>>More
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There is no time limit, if the unit deliberately delays and does not pay, you can go to the local labor arbitration institution to apply for arbitration, and if the arbitration result (this is a win-win situation, because there is a labor ability appraisal result), if the unit still does not pay, then go to the court to apply for enforcement.
1. If the two parties negotiate and settle the matter, they can request the employer to pay the work-related injury benefits after negotiation, and then they can get it quickly; >>>More
Re-apply for labor ability appraisal and apply for labor dispute arbitration. >>>More