仲裁时效
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哪些劳动争议可申请仲裁?去哪儿申请?
蓝色柳林财税室· 2026-02-10 12:46
Core Viewpoint - The article provides a comprehensive overview of the arbitration process for labor disputes in China, detailing the types of disputes eligible for arbitration, the application process, and the associated timelines and costs. Group 1: Types of Labor Disputes - Labor disputes eligible for arbitration include issues related to the confirmation of labor relationships, the establishment, performance, modification, termination, and conclusion of labor contracts, as well as disputes regarding dismissal, resignation, work hours, social insurance, benefits, training, labor protection, wages, medical expenses for work-related injuries, economic compensation, and other disputes as stipulated by laws and regulations [5]. Group 2: Arbitration Application Process - Applications for arbitration should be submitted to the labor dispute arbitration committee at the location of the labor contract performance or the employer's location [4]. - The arbitration application must be in written form and include copies according to the number of respondents [6]. Group 3: Application Fees and Timeliness - There are no fees associated with applying for arbitration; it is free of charge [8]. - The statute of limitations for applying for arbitration is one year, as per Article 27 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China [8]. Group 4: Required Information for Arbitration Application - The arbitration application must include the applicant's name, gender, date of birth, identification number, address, contact information, the employer's name and contact details, the arbitration request, supporting facts and reasons, and evidence along with its sources [9]. Group 5: Suspension and Interruption of Arbitration Timeliness - The statute of limitations can be interrupted if one party asserts rights against the other or requests rights relief from relevant departments, and it can be suspended due to force majeure or other legitimate reasons [10]. - For disputes arising from unpaid wages during the existence of the labor relationship, the application for arbitration is not subject to the one-year limitation; however, if the labor relationship has ended, the application must be made within one year from the termination date [10].
垫付三年超过时效不给报销?法院厘清争议对企业提出警示
Xin Jing Bao· 2026-02-07 05:32
Core Viewpoint - The court ruled that the statute of limitations for arbitration does not simply start from the time expenses were incurred, but rather from when the rights were denied or infringed, clarifying the timeline for employee rights protection and warning companies about compliance management [1][2]. Group 1: Case Background - An employee, Zhao, worked for a construction company and incurred expenses totaling 16,032.29 yuan from January 2021 to October 2022, which were not reimbursed [1]. - Zhao left the company in May 2024 due to unpaid wages and insufficient social security contributions, subsequently applying for labor arbitration [1]. Group 2: Company Defense - The company argued that Zhao's reimbursement claim exceeded the one-year arbitration statute of limitations since the expenses were incurred between 2021 and 2022, and the arbitration request was made in 2024 [2]. - The company stated that the delay in reimbursement was due to financial constraints and not a refusal to pay, claiming that they would resolve employee reimbursements once project funds were received [2]. Group 3: Court Ruling - The court found that the company's defense regarding the statute of limitations was invalid, ruling that Zhao should be paid over 110,000 yuan in unpaid wages, 110,000 yuan in economic compensation for contract termination, and the reimbursement amount of 16,032.29 yuan [3].
如何申请劳动仲裁?仲裁期限怎么算?
蓝色柳林财税室· 2026-01-08 10:02
Group 1 - The article outlines the types of labor disputes that are subject to mediation and arbitration, including disputes over labor relations, contract issues, dismissals, work hours, social insurance, and compensation [4] - It specifies the requirements for submitting a labor arbitration application, including the need for a written application and supporting documents, as well as the information that must be included [5] - The time limit for applying for labor arbitration is set at one year from the date the party becomes aware of the infringement of their rights, with certain conditions allowing for the interruption or suspension of this time limit [5] Group 2 - The arbitration process is expected to conclude within 45 days from the acceptance of the application, with a possible extension of up to 15 days for complex cases [7] - Various circumstances can lead to the recalculation of the arbitration period, such as the addition of parties, the need for supplementary materials, or the merging of applications [8] - Specific situations that may lead to the suspension of arbitration proceedings are outlined, including the death of a party, loss of civil capacity, or the need for additional evidence [8]