Effect of limitation of labor dispute arbitration of labor arbitration

   The validity of arbitration is a very important problem of labor arbitration proceedings, shall apply for labor arbitration in the age range, if the prescription application, he lost his right (i.e. the original evidence is sufficient, can win a case, but for exceeding the limitation of arbitration, cannot get judgment). Many workers are concerned about the limitation of arbitration, Beijing city law firm tannins labor legal affairs Shen Binti lawyers to the legal issues relating to limitation of labor dispute arbitration as the following:

   The May 1, 2008 implementation of the "labor dispute mediation and Arbitration Law" twenty-seventh stipulates: "the period of limitation of labor dispute arbitration for one year. Arbitration time period from the party knows or ought to know the rights have been violated from the date. Where a direction opposite party claims rights, or to the relevant departments request right relief, or the consent of the other party to fulfill the obligations and interrupt. From the time of the interruption, limitation of arbitration during the re calculation. Due to force majeure or other legitimate reasons, the parties can not be in the first paragraph of this article limitation of arbitration for arbitration, the arbitration shall be suspended. The grounds for the suspension are eliminated from the date of the limitation period, continue to calculate. During the existence of the labor relations in dispute of labor remuneration, the employee applies for arbitration is not affected by the time during the arbitration, the provisions of the first paragraph of restrictions; however, the termination of labor relations, shall be made within one year from the date of termination of labor relations."

By the provisions of that, limitation of labor dispute arbitration is one year, the time can also suspend or interrupt, which is in line with the suspension or interruption, even after a period of one year can apply for arbitration, does not lose the right to win a lawsuit. What is the general situation of the prescription of arbitration can be interrupted or suspended?

   1, to the other party claims rights.Which way to the employer or the higher authorities to appeal, the lawyer letter to each other. For example, workers on the dissolution of the labor contract is not satisfied with the decision, to the employer (or superior authority) filed a complaint, belonging to the "justified". Staff and workers for the employer (or superior authority) to answer when they applied for arbitration, reply time shall be regarded as the "labor dispute happened," (Office of the Ministry of labor on the "details about the temporary employment form whether there are other issues from the" reply).

   2, the relevant departments have to request right relief.As to the enterprise labor dispute mediation committee for mediation, to the labour dispute arbitration committee for labor arbitration. The parties involved in a labour dispute to the enterprise labor dispute mediation committee for mediation, apply date from the parties, suspend the arbitration of aging, the enterprise labor dispute mediation committee shall end mediation within thirty days, discontinue the longest period not exceeding thirty days. The end date of the mediation, the parties continue to calculate aging. Mediation for more than thirty days, the time from the first day after thirty days to calculate the. (see the labor department "on the implementation of" labor law "of the people's Republic of China issues opinions") Office of labor dispute arbitration committee for arbitration shall not be accepted, one by one to the Arbitration Commission report and explain the situation, the Arbitration Commission shall be accepted as, shall promptly notify the parties concerned. The parties from application to the admissibility of the period should be considered as suspension (Department of labor "on the implementation of" labor law of the people's Republic of China > opinions on several problems of = =.

   3, the consent of the other party to fulfill the obligations.That promise each other in a certain time to perform its obligations, to collect evidence to prove the other commitments, such as through the recording of evidence.

   4, to force majeure or other legitimate reasons.The application limitation of arbitration because of force majeure or any other justifiable reasons ("provisions of the people's Republic of China labor disputes regulations" and the Ministry of labor and social security, the State Economic and Trade Commission, the Ministry of public security, the National Federation of trade unions "about carrying out the labor law to safeguard the legitimate rights and interests of workers notice"). For example, the loss of capacity for civil conduct no statutory agent etc..

   Prescription starting time, 5 cases of withdrawal.The withdrawal or the labor dispute arbitration commission as a case of handling cases, such as the parties on the same arbitration request for arbitration again, as long as it meets the conditions for acceptance, the labor dispute arbitration commission shall again to initiate proceedings, the limitation period for arbitration from the withdrawal date start computing (office "Office Department of labor has been the withdrawal of the labor dispute cases the labor dispute arbitration committee can then accept the reply").

   During 6, the employer terminates the labor contract does not issue a written notice.Employing units in accordance with the "labor law" of the people's Republic of China No.25 the provisions of fourth of the lifting of the labor contract, and the dispute of workers, workers to the labor dispute arbitration committee for arbitration shall terminate the labor contract period is calculated from the date of receiving the written notice ("Supreme People's court for the dissolution of the labor contract labor dispute arbitration application shall be approved the issue of how", since July 29, 2004 effective).