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Who shall bear the labor arbitration attorney fees

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Who shall bear the labor arbitration attorney fees


        

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  • 2024-06-18 00:00:01

    Generally, the person who hires a lawyer will pay the lawyer's fee, but if both parties agree in the contract, the losing party can bear it.
    The types of cases that can be undertaken by the losing party include arbitration cases.
    Workers who meet the conditions for legal aid can apply for legal aid, and the Center will assign lawyers free of charge to litigate for workers throughout the process.
    According to Article 24 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, the parties may entrust agents to participate in arbitration activities. When entrusting others to participate in arbitration activities, a power of attorney signed or sealed by the entrusting party shall be submitted to the labor dispute arbitration commission, which shall specify the entrusted items and authorities.
    Article 27 The limitation period 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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