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Is there a high probability of success in labor arbitration

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Is there a high probability of success in labor arbitration


        

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  • 2024-06-18 20:00:01

    The probability of success of labor arbitration is not very high, which should be judged according to the specific case. If the employer does break the law, then the probability of success is great; On the contrary, if the employer has no illegal behavior, the probability of success is certainly small. Therefore, it is necessary to make a concrete analysis of this problem.

    Arbitration is a way to solve contract disputes and other property rights disputes between citizens, legal persons and other organizations with equal subjects. Labor dispute arbitration is a kind of arbitration system, which aims to solve labor disputes. Labor dispute arbitration institutions include labor and personnel dispute arbitration committees and their offices, arbitration tribunals and arbitrators. The limitation period for applying for arbitration of labor disputes is one year, counting from the date when the parties know or should know that their rights have been infringed.

    When applying for arbitration, the parties shall submit a written application for arbitration and submit copies according to the number of the respondent. If it is really difficult to write an arbitration application, an oral application may be made, which shall be recorded by the arbitration commission and confirmed by the applicant's signature or seal. The content of the application for labor arbitration shall include: the identity information of the plaintiff and the defendant; The arbitration claim and the facts and reasons on which it is based; Evidence and its source, name and address of witness. Finally, sign and write down the application date. If there is a legal representative, attach the identity certificate of the legal representative. The arbitration tribunal shall notify the parties in writing of the date and place of the hearing 5 days before the hearing. If the parties have legitimate reasons, they may request an extension of the hearing 3 days before the hearing. Whether or not to extend the time limit shall be decided by the labor and personnel dispute arbitration committee. Before a formal hearing, the arbitration tribunal shall first conduct mediation between the parties. If a mediation agreement is reached, a mediation statement shall be prepared to close the case. If the parties do not agree to mediation, the hearing shall continue.

    It can be seen that labor arbitration is not 100% successful.

    Legal basis

    Article 27 of the 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 limitation period for arbitration shall be counted from the date on which the parties knew or should have known that their rights had been infringed.
    The limitation of time for arbitration prescribed in the preceding paragraph shall be interrupted when one party claims rights from the other party, or requests relief from the relevant department, or the other party agrees to perform its obligations. The limitation period for arbitration shall be recalculated from the time of interruption.
    If the parties are unable to apply for arbitration within the time limit for arbitration specified in the first paragraph of this Article due to force majeure or other justified reasons, the time limit for arbitration shall be suspended. The limitation period for arbitration shall continue to count from the date when the reason for suspending the limitation period is eliminated.
    If a dispute arises due to the arrears of labor remuneration during the duration of the labor relationship, the laborer's application for arbitration shall not be subject to the limitation period for arbitration as 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.

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  • law

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