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Confirm whether there is arbitration limitation for labor relations

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Confirm whether there is arbitration limitation for labor relations


        

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  • 2024-06-02 06:00:48

    Confirm that labor relations are applicable to arbitration prescription. The disputes arising from the confirmation of labor relations are labor disputes, and the Labor Dispute Mediation and Arbitration Law shall apply, of course, to the limitation of labor arbitration. 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.

    [Legal Basis]

    Article 27 of the Law on Mediation and Arbitration of Labor Disputes stipulates that 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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