Attention Should Be Paid To The Limitation Of Arbitration For Laborers To Safeguard Their Rights And Interests

Case review: Chen applied for a job as a stoker in a printing company in Liaoning in October 26, 2014. The two sides agreed to pay 3000 yuan a month, but the employer did not sign a labor contract with him.

After leaving, Chen asked the unit to pay the double wage of 12000 yuan, 3 times the overtime and statutory holidays during the Spring Festival and new year's day, a total of 3272 yuan, and pay 8999 yuan for 44 days of weekend overtime.

The printing company argued that Mr. Chen left the unit in March 28, 2015 and paid all his wages during the period.

When Chen left, the two sides had no objection. Chen's lawsuit had exceeded the limitation of action.

It was found that, during the period from October 24, 2013 to March 31, 2014 and from October 26, 2014 to March 27, 2015, he worked in the defendant's unit as a stoker, leaving in March 28, 2015.

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It was also found that in June 24, 2016, Chen applied for the labor arbitration with the printing company as the respondent, to the Huanggu labor and personnel dispute arbitration committee.

On the grounds that Chen's arbitration request has exceeded the time limit for arbitration, the Commission has made a notice of inadmissibility. Chen refused to accept the notice and referred it to the court.

Case interpretation: the twenty-seventh article of the labor dispute mediation and Arbitration Law of the People's Republic of China stipulates: "the limitation period for applying for arbitration for 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 claimed by the parties concerned in the direction of the other party, or to the relevant departments.

Or if the other party agrees to fulfil his obligations.

From the time of interruption,

The period is recalculated.

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.

During the duration of the labor relations, if a dispute arises due to arrears of labor remuneration, the worker's application for arbitration shall not be limited 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. "

Chen left the company in March 28, 2015, and the labor relations between the two sides ended on that day.

Chen applied for labor arbitration in June 24, 2016, but did not provide evidence to prove that there was any reason for the suspension and interruption of arbitration. Therefore, Chen's arbitration application has exceeded the limitation period of labor dispute arbitration, so he has no support for Chen's claim.