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How long can you delay your salary? You can call the Labor Bureau

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How long can you delay your salary? You can call the Labor Bureau


        

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  • 2024-06-17 21:00:51

    As for how long the salary arrears can be reported to the Labor Bureau, the law does not specify the time of arrears, and usually the date agreed in the labor contract should be taken as the payment date. If the salary is not paid on the agreed date, the salary is not paid in time. As long as the salary is in arrears, you can apply for labor arbitration. The employer's arrears of wages to workers infringe on the legitimate rights of workers.
    According to 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. If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, it shall be raised within one year from the date of termination of the labor relationship. If a worker applies for arbitration after the time limit for arbitration expires, his rights will not be protected by law.

    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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