How long is the validity of labor arbitration?

The appeal period of labor arbitration is one year, and employees can apply for arbitration within the prescribed time limit after learning that their rights and interests have been infringed. Because the determination of labor relations, the payment of labor remuneration, the dissolution of labor contracts and other disputes all belong to the scope of labor arbitration. If the applicant fails to apply for arbitration within the time limit, the only means for employees to protect their rights is to sue.

Legal analysis

The time limit for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed. If one party claims rights from the other party, or requests rights relief from the relevant departments, or the other party agrees to perform its obligations, the limitation of arbitration stipulated in the preceding paragraph shall be interrupted. The limitation of arbitration shall be recalculated from the time of interruption. The limitation of arbitration shall be recalculated from the time of interruption. The employer and the employee may apply for labor arbitration for the following labor disputes: disputes arising from the confirmation of labor relations; Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts; Disputes arising from delisting, dismissal, resignation and resignation; Disputes arising from working hours, rest and vacation, social insurance, welfare, training, labor protection, etc.; Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation; Other labor disputes stipulated by laws and regulations. The party requesting arbitration shall submit a written application to the labor dispute arbitration committee within 60 days from the date of occurrence of the labor dispute. The arbitration award shall generally be made within 60 days after receiving the arbitration application. If there is no objection to the arbitration award, the parties must perform it.

legal ground

Article 27 of People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law stipulates that the limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed. The limitation of arbitration prescribed in the preceding paragraph shall be interrupted because one party claims the rights of the other party, or requests the relevant departments to provide rights relief, or the other party agrees to perform its obligations. The limitation of arbitration shall be recalculated from the time of interruption. If the parties fail to apply for arbitration within the time limit stipulated in the first paragraph of this article due to force majeure or other legitimate reasons, the arbitration period shall be suspended. The limitation period of arbitration shall continue to be counted from the date when the reasons for suspension of limitation are eliminated. If there is a dispute over the arrears of labor remuneration during the existence of labor relations, the employee's application for arbitration is not limited by the limitation period of arbitration stipulated in the first paragraph of this article; However, if the labor relationship is terminated, it shall be proposed within one year from the date of termination of the labor relationship.