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Can the claim for arbitration compensation be changed or added before and during the arbitration hearing?

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Can the claim for arbitration compensation be changed or added before and during the arbitration hearing?


        

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  • 2024-06-14 18:00:01

    It is possible to change within the evidence period, and change after the evidence period will be handled in a separate case. Before the hearing of labor arbitration, the arbitration claim can be changed or added, and it needs to be submitted to the labor arbitration commission in writing. The claim for arbitration compensation can be changed or added before and during the arbitration hearing. The key is to have sufficient evidence to support the request. According to Article 27 of the Arbitration Law of the People's Republic of China, the applicant may abandon or change the arbitration claim. The respondent may admit or rebut the arbitration claim and has the right to make a counterclaim. Article 34 In the Several Provisions of the Supreme People's Court on Evidence in Civil Procedure, if a party adds or changes a claim or files a counterclaim, it shall do so before the expiration of the time limit for adducing evidence. Article 35 In the process of litigation, if the nature of the legal relationship or the effectiveness of the civil act claimed by the parties is inconsistent with the determination made by the people's court on the basis of the facts of the case, it is not subject to the restrictions specified in Article 34 of these Provisions, and the people's court shall inform the parties that they can change their claims. If a party changes his claim, the people's court shall re designate the time limit for adducing evidence. How to calculate the term and starting date of labor arbitration? 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. Article 28 When applying for arbitration, the applicant shall submit a written application for arbitration and submit copies according to the number of the respondent. The application for arbitration shall state the following items: (1) the name, gender, age, occupation, work unit and residence of the worker, the name and residence of the employer, and the name and position of the legal representative or principal person in charge; (2) The arbitration claim and the facts and reasons on which it is based; (3) Evidence and its source, name and address of witness. If it is really difficult to write an arbitration application, an oral application may be made, which shall be recorded by the labor dispute arbitration committee and notified to the other party. Article 29 Within five days from the date of receiving the application for arbitration, the labor dispute arbitration commission shall accept the application and notify the applicant if it considers that the application meets the conditions for acceptance; If it believes that the conditions for acceptance are not met, it shall notify the applicant in writing of its rejection and explain the reasons. If the labor dispute arbitration committee refuses to accept the case or fails to make a decision within the time limit, the applicant may bring a lawsuit to the people's court on the labor dispute. Article 30 After accepting an arbitration application, the labor dispute arbitration commission shall, within five days, serve a copy of the arbitration application on the respondent. The respondent shall submit a statement of defense to the labor dispute arbitration commission within ten days after receiving a copy of the arbitration application. The labor dispute arbitration commission shall, within five days after receiving the statement of defense, serve a copy of the statement of defense on the applicant. The respondent's failure to submit a statement of defense shall not affect the arbitration proceedings. The above is about whether the claim for arbitration compensation can be changed or added before and during the arbitration hearing? Have you learned the knowledge of law?

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