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The employer shall pay double wages.
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 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 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.
Beijing Wu Dingya Legal Consultation Network.
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Such a thing will be accepted by the court, there is no labor contract but there is a labor fact, but it is not double compensation, except for national statutory holidays, it is three times, and the rest is calculated according to the normal salary, plus social security overtime pay and so on.
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Able to initiate arbitration. The statute of limitations for labor arbitration is 1 year.
However, it should be necessary to initiate arbitration against these two companies separately, after all, they are different entities.
The second should be easier to arbitrate.
In fact, the matters of labor arbitration are as follows: termination of labor relations, request for payment of labor remuneration, request for payment of double wages, and request for payment of other deducted remuneration;
From the current point of view, it should be that the arbitration of the second one will be smoother, at least the arbitration statute of limitations has not expired.
The first company, it is estimated that it is a bit difficult to get along, it should be that the arbitration statute of limitations has passed, and you can also go to the labor arbitration for consultation, or you can find a lawyer to ask in detail.
Article 27 of the Law on Mediation and Arbitration of Labor Disputes stipulates that the validity period for arbitration in the case of a labor dispute split letter is one year. Calculated from the date on which the parties knew or should have known that their rights had been infringed. Labor remuneration shall be subject to the special arbitration statute of limitations, which shall be counted for one year from the date of termination of the employment relationship.
However, double wages are punitive damages in legal nature, which are different from labor remuneration, and cannot be subject to the special arbitration statute of limitations, and should be calculated from the date on which the parties know or should know that their rights have been infringed, that is, the date on which the labor contract is re-signed or the date on which the labor contract is deemed to have been established without a fixed term (the day after the employment relationship has reached one year).
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The statute of limitations for labor arbitration is one year, one year from the date on which you knew or should have known that your rights had been infringed.
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It is very likely to exceed the 1-year statute of limitations.
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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.
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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.
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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.
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"The date on which the parties knew or should have known that their rights had been infringed" should be one year from the date of your employment (the date on which you can no longer claim double wages), i.e. October 2010, and your arbitration should be valid until October 2011. So you're still within the statute of limitations.
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Do you know that you should sign a labor contract when you join the company, I think most people know or should know. However, strictly speaking, it should be calculated from the time of termination of the employment relationship. But some issues are a game of policy and law.
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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.
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. >>>More
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Not joint property.
Article 6 of the Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in the Trial of Divorce Cases by the People's Courts, which came into effect in 1993, stipulates that if the property owned by one party before marriage is jointly used, operated and managed by both parties after marriage, the house and other means of production of greater value shall be regarded as the joint property of the husband and wife after eight years of housing and other means of production of greater value, and four years of valuable means of subsistence. However, this judicial interpretation contradicts the provisions of the Interpretation (I) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, which was promulgated and implemented in 2001, and the effect of the later law takes precedence over the former law, so this judicial interpretation has become invalid. >>>More