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Labor Disputes Shall Be Submitted For Arbitration Within 60 Days.

2008/1/9 17:16:00 41635

Economic compensation age: if the employer dismissals the laborer, he must pay the corresponding economic compensation.

The economic compensation provided by the employer to the laborers shall be calculated according to the working age of the workers, but the time limit for calculating the length of service will be calculated from January 1, 2008.



Dispatched personnel: the dispatched workers are injured, and the dispatched units and the employing units shall be jointly and severally liable for damages.



Workers should apply for arbitration or appeal as soon as possible when they encounter labor disputes.

Xu Yi said, "the labor contract law" stipulates that workers must submit an arbitration application to the labor arbitration department within 60 days. If they refuse to accept arbitration, they should appeal to the court within 15 days. The expiration date is invalid.



Loss of rights and benefits



In June 1979, Mr. Wang was hired to work in a certain unit.

In 1989, the unit was deleted, and the archives were handed over to the subdistrict offices in May that year.

In November 15, 2004, Mr. Wang visited the archives at the street office and applied for arbitration at the local labor dispute arbitration committee on 19 June 2006.



However, a week later, Mr. Wang received the notice of "admissible case" of the local labor arbitration department. The employee refused to accept the arbitration, so he sent the original unit to the court and requested that the original unit should resume his public office as soon as possible, allocate appropriate work and enjoy the social insurance benefits he should enjoy.



The court held that the employees knew that they had been removed from the company at least in November 15, 2004, and only one and a half years later they applied for arbitration. The claim had exceeded the limitation of action and dismissed the plaintiff's claim.



The appeal period is limited.



The labor contract law stipulates that the legitimate rights and interests of laborers are infringed upon, and they have the right to require relevant departments to deal with them according to law, or apply for arbitration and litigation in accordance with the law.

In the face of safeguarding rights of workers, trade unions should safeguard the legitimate rights and interests of workers and supervise the employers' performance of labor contracts and collective contracts in accordance with the law.

If a worker applies for arbitration or brings up a lawsuit, the trade union shall give support and assistance in accordance with the law.



Any organization or individual has the right to report violations of this law, and the labor administrative department of the people's government at or above the county level shall verify and handle it in time, and reward the meritorious service members.



The labor contract law stipulates that when a labor dispute arises, the worker must apply for arbitration to the labor arbitration department within 60 days. If an appeal is required, the employee shall appeal to the people's court within 15 days after receiving the arbitration result.



Notification of termination of labor contract must be served.



The period of arbitration and appeal is limited. If the employer discharges the labor relations with the worker, it will not be informed until the time of arbitration and appeal is told, how can the rights and interests of the laborers be protected?



Xu Yicheng said workers would not have to worry about it again in January 1st.

The labor contract law stipulates that the employer and the worker must terminate the labor contract, and the employer must deliver the notice of the rescission of the labor contract and inform the laborer. Otherwise, the court will not support such labor disputes, which means that the lifting action of the employer is invalid.



In addition, if the employer unilaterally terminates the labor contract, it shall notify the trade union or all the staff representatives before the contract is terminated.

The trade union and all the staff representatives have the right to question the reasons for the dismissal and request the units to correct them.


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Labor Dispute Mediation And Arbitration Law Of The People'S Republic Of China

The first chapter of the general principles, the second chapter, the third chapter of mediation, the first part of arbitration, the general provisions, the second section, the application and acceptance, the third session and the ruling fourth chapters, the supplementary provisions, Chapter 1, general provisions, Article 1, in order to solve the labor disputes in a fair and timely manner, protect the legitimate rights and interests of the litigants, and promote the harmonious and stable relation