How long does it take for an employee to apply for arbitration if he or she leaves the employer and

If an employee has a dispute with the employer due to the issue of work-related injury compensation, he or she can apply for labor arbitration to protect his or her rights. However, you need to apply within one year of leaving the company. According to Article 2 of the Labor Dispute Mediation and Arbitration Law, this Law shall apply to the following labor disputes between employers and employees within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.; (6) Other labor disputes as provided for by laws and regulations. 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 application for arbitration shall contain the following matters: (1) the name, gender, age, occupation, place of work and domicile of the employee, 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.

According to the provisions of relevant laws, only if the employee terminates the labor contract in advance in breach of contract, the training fee needs to be paid, and the dismissal by the company is a breach of contract by the company and the early termination of the labor contract by the company. You may apply to the labor arbitration department for arbitration in advance before completing the resignation formalities.

Do not send a notice of termination of the contract directly, if you do not understand the situation of the employee, you will directly dismiss the employee, the procedure is flawed, and you may face the risk of illegal termination.

Legal basis: Labor Contract Law of the People's Republic of China

Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker in full and in a timely manner. If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer; (4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.

Since you have applied for labor arbitration, it is best to go through the resignation procedures after the labor arbitration is filed.

If the employer insists on handling the arbitration request now, then the employee needs to read clearly when going through the resignation procedures and not sign the written text that is unfavorable to the arbitration claim.

If an employer terminates the labor relationship (or dismissal or dismissal) with an employee in the following three situations, it can be compared to which of the circumstances, if the economic compensation or compensation should be paid but is not paid, it can apply for labor arbitration within one year to protect its legitimate rights and interests:

1. If the employer terminates the labor relationship with the employee without any legal reason and does not pay economic compensation, and the employee does not have the circumstances specified in Article 39 of the Labor Contract Law, it may be determined that the employer's behavior belongs to the illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and compensation shall be paid, that is, 2 months' salary shall be paid for every year of service, commonly known as 2n;

2. If the employer terminates the labor relationship with the employee in accordance with Article 19 of the Regulations for the Implementation of the Labor Contract Law, and meets the requirements of Article 46 of the Labor Contract Law, it shall pay you severance payment, that is, one month's salary for each year of work. In accordance with Article 40 of the Labor Contract Law, and the employee is not notified one month in advance, one month's salary shall be paid in lieu of notice, commonly known as n+1;

3. If the employee has the circumstances stipulated in Article 39 of the Labor Contract Law, and the employer proposes to terminate the labor relationship, it does not need to pay any economic compensation or notice in advance; However, the employer needs to provide evidence and notify the employee in writing to terminate the employment relationship.

Resignation procedures should be carried out, otherwise it will not be possible to transfer social insurance and receive unemployment insurance benefits.

If the labor contract expires and the parties do not renew it, the labor contract shall be terminated, which is the termination of the statutory labor contract. In the event of the termination of the statutory labor contract, the labor contract is not valid, and the termination of the labor relationship is not the result of the subjective behavior of both parties, and there is no question of whether the employee voluntarily resigns or the employer dismisses him. According to Article 46 of the Labor Contract Law, if the labor contract is terminated upon expiration, no severance shall be paid.

Article 44 of the Labor Contract Law shall terminate the labor contract under any of the following circumstances:

1) The term of the labor contract has expired;

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

6) Terminating a labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

There should be no impact. Because your resignation was after applying for labor arbitration. If you want to perform the resignation procedures, according to Article 37 of the Labor Contract Law of the People's Republic of China, you should notify the employer in writing 30 days in advance (during the probation period, 3 days in advance).

What kind of arbitration is being filed? If it's a dismissal, don't write a resignation application. Just handover the job. Take care to preserve relevant evidence.