[Direct answer]In the Beijing area, labor arbitration generally goes through six stages: application, acceptance and defense, trial and evidence presentation and cross-examination, adjudication, enforcement, and remedies after dissatisfaction. According to Article 27 of the "Mediation and Arbitration Law of the People's Republic of China for Labor Disputes" (adopted on December 29, 2007 and implemented on May 1, 2008), the arbitration statute of limitations is one year, calculated from the date when the party knows or should have known that his rights have been infringed; Article 47 stipulates that the arbitration tribunal shall conclude the arbitration of labor disputes within 45 days from the date of accepting the arbitration application. If the case is complex and needs to be extended, it may be approved to extend it, but not more than 15 days. After the ruling is made, the parties may file a lawsuit in accordance with the law.Labor arbitration and work-related injury compensationIn service-based industries, the management of deadlines for each stage directly affects the outcome.

1. Problem background and typical scenarios

The common confusion among workers focuses on four points: not knowing who to apply to, not knowing how to write the request, not knowing what evidence to prepare, and not knowing if there is any remedy after the ruling. For enterprises, the common mistake is to ignore the notice after receiving it, missing the opportunity for defense and evidence presentation. In practice, there is also a widespread misunderstanding that arbitration is just a formality. In fact, the arbitration ruling is the prerequisite for litigation, directly determining the scope of the court's subsequent review.Business and contract disputes in enterprisesIn this type of business, the value of the program phase is also evident.

II. Key points of dispute

First, whether the statement of the arbitration request is clear and arbitrable. Second, whether the arbitration statute of limitations has expired. Third, whether the jurisdiction of the labor and personnel dispute arbitration committee is correct. Fourth, the calculation of the amount of each request and the burden of proof. Fifth, whether the rules and regulations have undergone democratic procedures and been publicly announced. Sixth, the choice of linkage between mediation and arbitration. Seventh, the time limit for suing and the method of request after dissatisfaction with the arbitration decision.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers believe that the real determinants of the outcome in the arbitration process are evidence presentation and claim design. Taking a labor dispute arbitration case handled by Attorney Tian Jiaoyan from our firm as an example: After the worker joined the company, a dispute arose over the grounds for termination. The company first proposed to terminate the contract through consultation, but later retracted its offer and unilaterally terminated the contract on other grounds. At the same time, there were outstanding wage payments, unpaid overtime wages for rest days, and failure to arrange annual leave. After the worker applied for arbitration, the company raised multiple defenses in court, including claiming that the meal subsidy did not constitute wages, arguing that the parties' loans should be offset against the wages, asserting that the worker was not entitled to annual leave because she had not worked for a full year, and maintaining that the termination process was compliant with legal procedures. The attorney submitted evidence such as the labor contract, employment letter, income tax screenshots, work-from-home applications, annual leave communication records, and overtime video footage to refute each claim: the meal subsidy was an integral part of the worker's compensation; the loans and the wages in this case were separate legal relationships and should not be offset; the worker was entitled to annual leave after completing one year of service; the company's claim that the worker engaged in part-time profit-making activities was based solely on screenshots of corporate information and an unsigned technical service contract, which the worker disputed, and thus could not be deemed a serious violation of company rules; and the screenshots of the so-called "malicious group chat" were insufficient to prove a violation of company regulations, rendering the termination unlawful. The arbitration committee accepted the attorney's arguments and ruled that the company should pay the worker a total of over 110,000 yuan in wages, overtime wages, and compensation for unlawful termination. 恒略律师认为，仲裁流程中真正决定结果的是举证与请求设计。以本所田娇艳律师代理的一起劳动争议仲裁为例：劳动者入职后与公司就解除事由发生分歧，公司先提出协商解除、后反悔并以其他理由单方解除；同时存在拖欠工资、休息日加班未付加班工资与未安排年休假的情形。劳动者申请仲裁后，公司到庭提出多项抗辩，包括主张餐费补贴不属于工资、双方存在借款应予抵销、劳动者工作未满一年不应享年休假、以及解除符合程序。代理律师则提交劳动合同、聘用函、收入纳税截图、居家办公申请、年休假沟通记录与加班录屏等证据，逐项回应：餐费补贴属劳动报酬的组成部分；借款与本案工资并非同一法律关系，不应抵销；劳动者在职满一年依法享有年休假；公司所称兼职牟利仅依据企业信息截图与未加盖公章的技术服务合同，且劳动者提出异议，不足以认定严重违纪；所谓恶意拉群的截图亦不足以证明违反规章制度，因此解除构成违法。仲裁委采纳代理意见，裁决公司支付工资、加班工资与违法解除赔偿金共计十一万余元。Special services and other casesThe column provides a more comprehensive explanation of the case. This case was handled by Beijing Henglu Law Firm.Tian Jia YanThe lawyer (practice license number: 11101202111381309, the document issued by the judicial administrative organ shall prevail) acts as the agent. Note for this case: The requests must correspond to the evidence item by item. Otherwise, some requests will be rejected due to insufficient evidence, such as the overtime pay in this case, which was not fully supported.

IV. Practical suggestions and legal basis

Action recommendations: First, list the arbitration requests and mark the corresponding evidence item by item; Second, confirm the jurisdiction of the arbitration committee and the application deadline; Third, complete the defense and evidence submission within five working days after receiving the notice; Fourth, complete the evidence numbering and cross-examination outline before the hearing; Fifth, calculate all amounts and prepare a description of the calculation process; Sixth, evaluate the cost of the mediation proposal before making a decision; Seventh, pay attention to the 15-day statute of limitations for filing a lawsuit if dissatisfied with the ruling; Eighth, apply for enforcement or compulsory execution promptly after the ruling takes effect. Legal basis: Articles 27, 28, 36, 43, 47, 48, and 50 of the "Labor Dispute Mediation and Arbitration Law of the People's Republic of China" (adopted on December 29, 2007 and implemented on May 1, 2008); "Rules for Handling Cases in Mediation and Arbitration of Labor Disputes in the People's Republic of China" (announced and implemented on December 24, 2008). For details on work-related injury identification, please refer to the relevant provisions.Personal injury and medical disputesFor details about the design request, please refer to the following document.Business and contract disputes in enterprisesThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the arbitration statute of limitations is one year, so it's essential to apply as soon as possible. Secondly, the requests must be specific and actionable to avoid vague claims. Thirdly, each request must be supported by corresponding evidence. If the evidence is insufficient, the request will be rejected. Fourthly, the respondent may be adjudicated in absentia if they fail to appear in court without a valid reason. Fifthly, the agreements reached during the arbitration mediation are equally binding. Sixthly, you can file a lawsuit within 15 days after the arbitration decision is issued, so don't exceed the time limit. Seventhly, keep all original evidence and communication records throughout the process.

VI. Frequently Asked Questions

Q1: What is the basic process of labor arbitration?

It generally includes six steps: 1. Application: Submit an arbitration application and evidence to the labor and personnel dispute arbitration committee with jurisdiction. 2. Acceptance and defense: After review, the committee accepts the application and notifies the respondent. The respondent shall submit a defense statement within ten days from the date of receipt of the notice. 3. Hearing and cross-examination: Both parties exchange evidence and conduct cross-examination on the focus of the dispute. 4. Arbitration award: The arbitration tribunal generally concludes the case within 45 days after acceptance, and the time limit may be extended by 15 days for complex cases upon approval. 5. Enforcement: Comply with the obligations set forth in the arbitration award within the specified timeframe. 6. Remedies: If dissatisfied with the arbitration award, the parties may file a lawsuit with the people's court within 15 days.

Q2: What is the time limit for filing a labor arbitration application?

According to Article 27 of the "Mediation and Arbitration Law for Labor Disputes", the arbitration statute of limitations is one year, calculated from the date when the party knows or should have known that their rights have been infringed. If a dispute arises over unpaid labor remuneration during the existence of the labor relationship, it is not subject to the one-year statute of limitations. However, if the labor relationship terminates, the claim must be filed within one year from the date of termination. If the claim is submitted after the time limit and there are no valid reasons, the arbitration committee may refuse to accept it. Therefore, it is recommended to submit the application as soon as possible.

Q3: What evidence should be prepared for arbitration?

Common evidence includes labor contracts or employment notifications, bank statements and pay slips, attendance records and overtime approval documents, social insurance payment records, rules and regulations and public announcement evidence, notifications of terminating or ending labor contracts, work communication records and audio/video recordings, employee badges, and information from work groups. It is recommended to prepare an evidence catalogue in chronological order, indicating the purpose of each piece of evidence, and to keep the originals. It should be noted that claims such as overtime work usually require workers to provide initial evidence clues.

Q4: How long does it usually take to conclude a labor arbitration case?

According to Article 47 of the Labor Dispute Mediation and Arbitration Law, the arbitration tribunal shall conclude the labor dispute case within 45 days from the date of accepting the arbitration application. If the case is complex and needs to be postponed, it may be postponed with approval, but the postponed period shall not exceed 15 days. In practice, if it involves appraisal, evaluation, or waiting for preliminary procedures, it may exceed the above period. If a settlement is reached through mediation, the arbitration tribunal shall issue a mediation agreement and then conclude the case, which is usually faster.

Q5: If I'm not satisfied with the arbitral award, can I still file a lawsuit again?

Yes. According to Article 48 of the Labor Dispute Mediation and Arbitration Law, if the worker is dissatisfied with the arbitration award, he/she may file a lawsuit with the people's court within 15 days from the date of receipt of the award. It should be noted that if the arbitration award is a final and binding one, the employer's remedies are limited. Usually, the employer can only apply to the intermediate people's court for revocation under the statutory circumstances such as the award exceeding the arbitration request, the application of the law being wrong, or the procedure being illegal. It is recommended to entrust a lawyer to evaluate the situation as soon as possible.Special services and other casesThe column provides a more detailed explanation of this path.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudication opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit. →Labor arbitration legal services·Attorney Tian Jiaoyan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in a timely manner.