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How to Determine the Statute of Limitations for Labor Arbitration in China

Introduction

The statute of limitations refers to the period within which a party must initiate legal proceedings to enforce a right or claim. In the context of labor arbitration, it determines the time frame in which employees can file a claim against their employers. Understanding the statute of limitations is crucial to ensure that individuals do not lose their rights due to untimely action.

Legal Framework

In China, the statute of limitations for labor arbitration is governed by Article 77 of the Labor Dispute Mediation and Arbitration Act (LDMAA). According to this provision, employees must file their arbitration application within one year from the date when the relevant right was infringed upon.

Exceptions

There are certain exceptions to the one-year statute of limitations, as follows:

Unfair dismissal: In cases of unfair dismissal, the limitation period is extended to two years. Salary arrears: For claims related to salary arrears, the limitation period is six months. Work-related accidents: When filing a claim for work-related accidents, the statute of limitations is extended to one year from the date of the accident or the date the employee becomes aware of the injury or illness.

Starting Point

The starting point for calculating the statute of limitations varies depending on the type of dispute:

Unfair dismissal: The date of termination of employment. Salary arrears: The date the wages should have been paid. Work-related accidents: The date of the accident or the date the employee becomes aware of the injury or illness.

Suspension and Interruption

The statute of limitations may be suspended or interrupted under certain circumstances:

Suspension: The limitation period is suspended during periods when the employee is unable to file a claim due to force majeure or other exceptional circumstances. Interruption: The limitation period is interrupted when the employer acknowledges the employee's claim in writing or takes steps to resolve the dispute.

Consequences of Exceeding the Statute of Limitations

If an employee fails to file an arbitration application within the statutory limitation period, the right to arbitrate the dispute is extinguished. The employer may raise this defense as a bar to the employee's claim.

Practical Considerations

To avoid the risk of missing the statute of limitations, employees should:

Keep accurate records of all relevant events and communications. Seek legal advice promptly if there is any doubt about the limitation period. Act promptly to initiate the arbitration process once the right has been infringed upon.

Conclusion

Understanding the statute of limitations for labor arbitration is essential for employees to protect their rights. By filing an arbitration application within the prescribed time frame, employees can ensure that their claims are heard and addressed fairly. Failure to do so may result in the loss of the right to seek resolution through arbitration.