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On The Limitation Of Action In Labor Disputes

2011/6/18 10:13:00 53

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Labor dispute

arbitration

New and old regulations:

Before May 1, 2008, the party who submitted the arbitration request according to the eighty-second article of the labor law shall submit a written application to the labor dispute arbitration committee within sixty days from the date of the occurrence of the labor dispute.

Arbitration awards should normally be made within sixty days of receiving the arbitration application.

If there is no objection to the arbitration award, the parties concerned must perform it.

After May 1, 2008, according to the twenty-seventh labor dispute mediation and Arbitration Law of the People's Republic of China, the time limit for applying for arbitration of labor disputes is one year.

The time limit for arbitration shall be counted from the date when the party knows or should know that his rights are infringed.

The limitation of arbitration stipulated in the preceding paragraph shall be interrupted because one party claims the right of the other party, or claims the right relief to the relevant department, or the other party agrees to perform its obligations.

The time limit for arbitration shall be recalculated from the time of interruption.

Due to force majeure or other valid reasons, the parties concerned can not apply for arbitration in the period of limitation of arbitration stipulated in the first paragraph of this article, and the limitation of arbitration shall be suspended.

The time limit for arbitration shall continue to be calculated from the date when the cause of suspension is eliminated.

In case of disputes over the labor remuneration during the duration of the labor relations, the worker's application for arbitration shall not be restricted by the limitation period stipulated in the first paragraph of this article. However, the termination of labor relations shall be submitted within one year from the date of termination of the labor relations.

Labor dispute

The provisions of the litigation are:

The limitation of litigation means

Obligee

During the statutory period, it is impossible not to make the right lose the legal system requesting the people's court to protect its civil rights according to law.

In the seventh chapter, the basic stipulation of limitation of action is that the time limit for limitation of action for a civil court to petition for protection of civil rights is two years from the date that the party knows or should know that his rights are infringed. In accordance with the 136th provision of this law, the limitation period is one year; in the last 6 months of the limitation period, the limitation of action can not be exercised because of force majeure or other obstacles.

The period of limitation of actions shall continue to be calculated from the date of the cancellation of the limitation.

The limitation of action is interrupted by litigation, one party's request or consent to fulfill its obligations, and the period of limitation of actions is recalculated from the time of interruption.

However, the people's court shall not protect the rights from infringement for more than 20 years.

Where the law stipulates otherwise, it shall be governed by it.