Workers can also apply for the help of trade unions through legal channels to safeguard their legitimate rights and interests.
According to the Labor Dispute Mediation and Arbitration Law
Article 2 This Law shall apply to the following labor disputes between employers and employees in People's Republic of China (PRC):
(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 or resignation;
(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;
(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;
(six) other labor disputes as prescribed by laws and regulations.
Article 3 The handling of labor disputes shall be based on facts, follow the principles of legality, fairness, timeliness and mediation, and protect the legitimate rights and interests of the parties according to law.
Article 4 In the event of a labor dispute, the laborer may negotiate with the employer, or request the trade union or a third party to negotiate with the employer to reach a settlement agreement.
Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to a mediation organization for mediation; Unwilling to mediate, failing to mediate or failing to perform after reaching a mediation agreement, you may apply to the Labor Dispute Arbitration Committee for arbitration; Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court unless otherwise stipulated in this Law.
Article 27 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.
The limitation of arbitration prescribed in the preceding paragraph shall be interrupted because one party claims the rights of the other party, or requests the relevant departments to provide rights relief, or the other party agrees to perform its obligations. The limitation of arbitration shall be recalculated from the time of interruption.
If the parties fail to apply for arbitration within the time limit stipulated in the first paragraph of this article due to force majeure or other legitimate reasons, the arbitration period shall be suspended. The limitation period of arbitration shall continue to be counted from the date when the reasons for suspension of limitation are eliminated.
If there is a dispute over the arrears of labor remuneration during the existence of labor relations, the employee's application for arbitration is not limited by the limitation period of arbitration 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 37 If the arbitration tribunal deems it necessary to appraise specialized issues, it may submit them to an appraisal institution agreed by the parties for appraisal. If the parties fail to reach an agreement or an agreement cannot be reached, it shall be appraised by an appraisal institution designated by the arbitration tribunal.
According to the request of the parties or the request of the arbitration tribunal, the appraisal institution shall send appraisers to attend the hearing. With the permission of the arbitration tribunal, the parties may ask questions to the appraisers.
Article 38 The parties have the right to conduct cross-examination and debate during the arbitration process. After the cross-examination and debate, the presiding arbitrator or the sole arbitrator shall consult the final opinions of the parties.
Article 39 If the evidence provided by the parties is verified, the arbitration tribunal shall take it as the basis for ascertaining the facts.
If the laborer is unable to provide the evidence related to the arbitration request controlled and managed by the employer, the arbitration tribunal may require the employer to provide it within a specified time limit. If the employer fails to provide it within the prescribed time limit, it shall bear the adverse consequences.