The limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed. Interrupted because one party claims the rights of the other party, or requests the right relief from the relevant department, or the other party agrees to perform its obligations. The limitation of arbitration shall be recalculated from the time of interruption.
The scope of acceptance of labor dispute arbitration is:
1. Disputes arising from the confirmation of labor relations;
2. Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts;
3. Disputes arising from delisting, dismissal, resignation and resignation;
4. Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;
5 disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation.
The materials required for labor arbitration include the following contents:
1, labor dispute arbitration complaint;
2. Copy of ID card;
3, a copy of the defendant's business license or enterprise industrial and commercial registration information;
4. A copy of the evidential materials;
5. The parties shall submit a list of evidential materials and explanations of evidence;
6. Need to provide collective labor disputes. The complainant needs to recommend 3-5 employee representatives, fill in and submit the employee representative recommendation letter, including the employee representative list and the signature form of all employees.
Legal basis:
People's Republic of China (PRC) labor dispute mediation and arbitration law
Article 38
The parties have the right to conduct cross-examination and debate in the arbitration process. After the cross-examination and debate, the presiding arbitrator or the sole arbitrator shall consult the final opinions of the parties.