[Direct answer]It can be withdrawn. After the arbitration application is submitted and before the arbitration award is made, the applicant has the right to withdraw the application in writing. After review by the arbitration committee, the application will generally be approved and the case will be terminated. Withdrawal itself does not result in any punitive consequences, but there are two points that must be clarified: First, after withdrawal, the dispute returns to an unresolved state. As long as it is still within the one-year arbitration statute of limitations, the same request can be applied for again; Second, the statute of limitations will not be suspended due to withdrawal. The time occupied by the first application will be deducted from the remaining statute of limitations. If the withdrawal is for the purpose of reaching a settlement with the unit, it is necessary to first sign a written agreement stating the amount, payment date, and breach of contract liability, and then submit the withdrawal application. If the order is reversed, it is easy to lose rights.

1. Problem background and typical scenarios

After applying for arbitration, changes in circumstances are a common reason for withdrawing the case: the parties reach a compensation agreement, the employer issues back pay on the spot, the worker finds a new job and wants to move on, or realizes that the claims were listed incorrectly and wants to start over. It's also common for new issues to arise after withdrawal: the settlement agreement is not implemented on time, the amount of back pay differs from what was promised, or additional unclaimed items are discovered. As a result, three recurring dilemmas arise: whether to reapply, whether to suffer losses, and whether to withdraw first. Every procedural choice comes with a cost: withdrawing too early risks the employer reneging, while withdrawing too late means missing the settlement window; a too-vague settlement agreement can lead to conflicting interpretations during implementation. It's far easier to clarify the consequences of each choice before taking action than to try to fix things after withdrawal. There's another situation to be particularly cautious about: workers may mistakenly believe that "withdrawing means giving up," treating the withdrawal application as a statement of waiving rights. In legal terms, however, the two are completely separate. Withdrawal simply ends the current procedure, leaving substantive rights intact and allowing for re-filing within the remaining statute of limitations. For this reason, before submitting a withdrawal application, ask yourself: Has the settlement money been actually paid? If not, don't rush to sign the agreement yet.

II. Key points of contention

The controversy revolves around three consequences: Firstly, how to calculate the statute of limitations after withdrawal. If the period occupied by the first application is not returned, the remaining statute of limitations determines the width of the window for reapplying; Secondly, the relationship between withdrawal and arbitration. If withdrawal occurs before a substantive ruling, the dispute returns to an unresolved state, and the settlement agreement becomes the main basis. How the effectiveness clauses of the agreement are written directly determines the subsequent path; Thirdly, the binding force of the settlement agreement. If the agreement is unclear or lacks breach of contract clauses, a party who changes their mind can only go through the process again. In addition, withdrawing the lawsuit after the arbitration decision is made is completely different from withdrawing during the arbitration stage. The former involves a 15-day filing period and the effectiveness of the decision. Many parties confuse the two, missing the opportunity to reclaim their rights and the timing to enforce the decision. The timing of withdrawal itself is also important: withdrawing before the hearing and withdrawing after the hearing have completely different expectations from the other party about the settlement. Generally, the more fully the dispute is exposed and the clearer the settlement chips are, the more advantageous it is to negotiate the terms at this time than to withdraw hastily.

III. Professional analysis by Hengluo Lawyers

The withdrawal of a decision directly affects subsequent claims. In one of our cases involving wage arrears, Liu Dan, a worker, joined Beijing A Cultural Co., Ltd. as a skin management specialist in October 2023. The company failed to sign a written labor contract or pay social insurance, only verbally agreeing to a monthly salary of 9,000 yuan. After terminating the employment relationship in October 2024 due to unpaid social insurance and wage arrears, Liu Dan entrusted Attorney Tian Jiaoyan of Beijing Henglu Law Firm (practice license number: 11101202111381309, subject to the document issued by the judicial administrative authority) to apply for arbitration to the Labor and Personnel Dispute Arbitration Committee, claiming overtime pay, double pay for unpaid labor contracts, economic compensation, and wage arrears totaling over 150,000 yuan. Throughout the entire case, there was no withdrawal of the claim. The arbitration committee confirmed the existence of an employment relationship and supported the double pay for unpaid labor contracts of 84,781.61 yuan, economic compensation of 8,000 yuan for terminating the employment relationship, and a salary of 8,000 yuan for September 2024. In comparison, if the company had withdrawn the verbal promise at that time and later reneged on it, the process of obtaining these amounts would have been much more complicated. Withdrawal should be a procedural choice made after careful consideration, rather than an impulsive decision. Before making the decision, at least three issues should be carefully considered: the remaining statute of limitations, the terms of the settlement agreement, and the cost of re-filing the case.

IV. Practical suggestions and legal basis

Based on the above-mentioned provisions and suggestions: - The "Rules for Handling Labor and Personnel Disputes through Arbitration" (effective July 1, 2017) provide arrangements for withdrawing and resubmitting applications; - The "Mediation and Arbitration Law for Labor Disputes" (effective May 1, 2008) stipulates a one-year statute of limitations and a 15-day filing period; - The "Labor Contract Law of the People's Republic of China" (amended on December 28, 2012) serves as the basis for calculating substantive claims; - Where a work-related injury occurs during the contracting or operating period, the provisions of the "Regulations on Work-Related Injury Insurance" (revised on December 20, 2010) regarding injury recognition and compensation still apply, and cannot be excluded by separate agreements between the parties. Operational key points: - For withdrawals, always submit a written application and retain the acceptance receipt; - In settlement agreements, specify the amount, payment date, and default clauses, and ideally include a clause allowing direct rights enforcement based on the agreement; - Before withdrawing, mark the remaining statute of limitations on a calendar to allow for timely re-filing; - For those who regret filing a lawsuit after an arbitration decision, first calculate the 15-day filing period before making a decision. - Maintain documentation for each procedural step, ensuring there are sufficient legal grounds for subsequent arbitration or rights enforcement based on the agreement. For more details, please refer to the relevant legal documents.Labor arbitration and work-related injury compensationIntroduction.

5. Hengluo Law Firm's Reminder

Three concluding remarks: Withdrawal is a right, not an exemption from liability, and the statute of limitations still applies; don't sign and submit the withdrawal application before the settlement agreement is finalized; any verbal promises must be formalized into written clauses to be meaningful. If you've already withdrawn but are still worried, sort out the timeline of your initial application, withdrawal document, settlement agreement, and collection records. This will clarify the remaining statute of limitations. During this period, record any payments made by the employer, including the amount and date, as this serves as both evidence of performance and evidence of statute of limitations interruption. For cases where you withdraw the lawsuit after a ruling, ensure the ruling has taken effect and note the effective date. This decision determines whether to apply for enforcement of the ruling or reassert your claims. Getting this wrong will result in wasted procedural efforts. Overall, withdrawal isn't the end; keeping all written documents and accurately recording dates ensures you maintain control over subsequent settlement fulfillment, arbitration, or enforcement applications. Effective use of procedural rights is a tool; overusing them becomes a burden.

VI. Frequently Asked Questions

Q1: If the party voluntarily withdraws the labor arbitration application after it has been submitted, can they re-apply for arbitration?

Yes. Withdrawing an application constitutes the party's exercise of procedural rights. According to the "Arbitration Rules for Labor and Personnel Disputes" (effective July 1, 2017), if the dispute has not been substantively adjudicated after the withdrawal, as long as it is still within the one-year statute of limitations prescribed by the "Mediation and Arbitration Law for Labor Disputes" (effective May 1, 2008), the party may re-apply for the same request. It should be noted that the time occupied by the first procedure will not be refunded, and the remaining statute of limitations may be limited when re-applying. If the two requests are consistent, it is recommended to supplement new evidence before filing a new case. Simply reapplying repeatedly will not help much with the outcome. The withdrawal document and the acceptance receipt must be preserved, as they are the basis for explaining the procedural process when re-filing a case.

Q2: Since the one-year statute of limitations has already passed after withdrawing the arbitration application, what preparations should be made before reapplying?

Before re-filing a case, there are three preparations to be made. First, review the statute of limitations: arrange the first application, the withdrawal document, and the latest collection records in chronological order to ensure that the remaining period is sufficient to cover the 45-day review period and a possible 15-day extension. Second, supplement the evidence: the disputed points exposed by the other party in the first procedure are precisely the areas that need to be strengthened in this round, whether it's the wage base, the reason for termination, or the appraisal materials. Supplement the missing evidence in each area. Third, evaluate the settlement: if the employer is willing to pay, arrange the signing of the agreement and the withdrawal application in the correct order, and stipulate the handling method for unpaid amounts after the deadline. If the statute of limitations is insufficient or there are evidence gaps after a hasty withdrawal, it will cost more time and money to recover the situation. Writing down these three preparations in a checklist and ticking them off one by one is much more reliable than relying on memory to handle matters.

Q3: If a party withdraws the lawsuit during the arbitration stage and then files a lawsuit again, how will the case acceptance fees and attorney fees be borne?

From two perspectives. If the arbitration application is withdrawn before a substantive ruling and the party directly sues in court, the court usually refuses to accept the case on the grounds that arbitration is not a prerequisite, and the parties still need to go through arbitration again. If the party sues and withdraws the lawsuit after the ruling is made, whether the party can sue again is subject to the 15-day filing period and needs to be judged on a case-by-case basis. In terms of fees, arbitration is free of charge, and the acceptance fee for labor disputes in court is generally 10 yuan. For cases where the lawsuit is withdrawn, the acceptance fee is paid at half the normal rate. Lawyer's fees are charged according to the contract. Whether there will be additional fees after the lawsuit is withdrawn and the case is re-filed should be specified in the contract. The time cost of switching back and forth between procedures is much higher than the official fees themselves. Before making a decision, list the consequences of each step and then choose the path with the least losses. In addition to the list, we should also calculate the hidden costs. The repeated filing of cases also consumes evidence preservation and witnesses' memories, which cannot be ignored.

Q4: If I withdraw my application and file a new case, will it take one or two months longer than the original process?

This will result in additional time costs. A new application requires going through the acceptance review, scheduling a hearing, and the hearing period is 45 days, which can be extended by 15 days in complex cases. Adding the delivery of documents before and after the hearing, the overall process often takes one to two months longer than if the application is not withdrawn. In addition, the settlement negotiations before withdrawal often require one or two rounds of back-and-forth discussions. If the negotiations fail and the case is then filed, it is easy to approach the statute of limitations. Therefore, the withdrawal should be subject to certain conditions: the unit must make a written commitment to the payment amount and date, or the two parties must have entered substantive mediation and made progress in writing. If these conditions are not met, it is better to hold a hearing on schedule and let the arbitral award provide a definitive result. The time costs and the settlement amount should be weighed together when making a decision, not just considering the immediate situation. Holding a single hearing is often more time-efficient than withdrawing and filing the case twice, and it is also easier to determine the other party's true attitude.

Q5: After receiving the judgment, if I want to withdraw the lawsuit or give up some of my claims, how should I proceed?

After the case is prosecuted but the prosecution is withdrawn, the plaintiff shall submit a written application for withdrawal of the prosecution to the accepting court. After the court rules to allow it, the plaintiff may bring a new prosecution within the statute of limitations. If the decision is made after the 15-day period, it shall take effect accordingly. The plaintiff may withdraw part of the claims before the end of the court debate by amending the claims or making a written statement. After the withdrawal, the plaintiff may no longer assert the withdrawn claims separately. Before taking action, the plaintiff shall check the legal consequences of the withdrawal: According to the "Law on Mediation and Arbitration of Labor Disputes" (implemented on May 1, 2008), the decision shall take effect if the parties do not file a lawsuit within 15 days after receiving the decision. The withdrawal arrangement should be linked to the other party's performance period and written into the same document to avoid the other party delaying payment for various reasons after the decision takes effect.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards 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 evidence materials, so as to avoid missing the statutory time limit. →Labor arbitration legal services·Attorney Tian Jiayan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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 time.