What Are The Limitations Of Labor Arbitration?

Our country labour law The eighty-second rule: "the party who requests arbitration shall be within 60 days from the date of the occurrence of the labor dispute." Labor dispute arbitration The Committee submitted a written application. " 60 days Prescription Is it beneficial to protect the legitimate rights and interests of workers? This issue has attracted the attention of the judiciary. On the other hand, this rule does not distinguish the limitation of arbitration and limitation of action, so that many problems may arise in practice.

Whether arbitration application and litigation claim really exceed "limitation", this question involves how to understand what is "the day of labor dispute." In 1995, the eighty-fifth article of the Ministry of Labour's opinions on Several Issues concerning the implementation of the labor law of the People's Republic of China stipulates: "the date of the occurrence of a labor dispute is the day when a party knows or should know that his rights are infringed." According to the legislative spirit and purpose of the labor law, the author should never equate "the day of labor dispute" to "knowing or knowing that the right is infringed". Otherwise, the legislator can be the same as all other legal norms governing the relationship between property and personal relationship between the subjects of general civil legal relationship. From the point of view of the procedure and mechanism of the "one trial, two trial" system for labor disputes in China, it can be seen that there are some differences between them in general civil litigation.

To correctly understand the date of the occurrence of a labor dispute, we should start with the meaning of "dispute". Modern Chinese dictionaries interpret them as follows: they hold their own views and distinguish each other. Obviously, the dispute here refers to the meaning expression of the conflicting contents between the two parties or parties involved in the same bid, in other words, it consists of the representation of the meaning of the same subject or content conflict by more than two or different subjects. Where a declaration of intent is made at the same time or later, if another intention is made, it will constitute a dispute. It can be seen that the symbol and time of the dispute are the second meanings expressed in the dispute constitution.

As far as labor disputes are concerned, it is made up of the meaning expression of conflicting contents between the laborers and the employing units involved in the same matter concerning the rights and obligations of the two parties. The sign and time that it occurs should be a party's explicit objection to the other party when the meaning of the other party's intention is expressed or at the later time, and the party's intention means to infringe on its rights. In order to facilitate the identification, the second meanings of the dispute constitution can only be made in an express form. If the second meaning is made in an implied form, though it may constitute a dispute, it should not serve as the starting point for arbitration. Therefore, only when a party expressly disagrees with the intention of the other party, the limitation of arbitration will begin.