[Direct answer]The process of labor arbitration is as follows: Submit an arbitration application and evidence within one year of the statute of limitations - The arbitration committee decides whether to accept the application within five days after receiving it - Conclude the review within 45 days after acceptance (the time limit may be extended by 15 days for complex cases) - Hold a hearing for cross-examination and mediation - Make a ruling - Those who disagree with the ruling may file a lawsuit with the court within 15 days from the date of receiving the ruling. Before applying, it is necessary to clarify the request items and the amount, and prepare evidence such as labor contracts, payroll records, attendance and communication records, etc.

1. Problem background and typical scenarios

Labor arbitration is a preliminary procedure for labor disputes litigation. Except for small-amount cases such as claims for labor compensation and work-related injury medical expenses that do not exceed the amount of twelve months' local minimum wage, most cases can be appealed against the arbitration award. Typical scenarios include: the company defaulting on wages and bonuses after an employee's departure; being illegally dismissed and claiming compensation or demanding continued performance of the contract; having overtime pay, unpaid annual leave wages, and performance bonuses withheld; and disputes involving injured workers' compensation claims arising from labor relations. In addition, such disputes may also involve other issues such as the employer's failure to fulfill its obligations under labor contracts and collective agreements.Personal injury and medical disputesThe cross-processing of arbitration cases. Many parties miss the one-year arbitration statute of limitations due to their unfamiliarity with the process, or fail to get the full amount of compensation due to improper design of the request items and preparation of evidence. A thorough understanding of the process nodes directly affects the final outcome.

II. Key points of contention

  • The computation of the statute of limitations: The arbitration statute of limitations is one year, starting from the date when the party knows or should have known that his rights have been infringed; disputes arising from arrears in labor remuneration during the existence of the labor relationship are not subject to the one-year limitation, but if the labor relationship terminates, the party shall raise the dispute within one year from the date of termination.
  • Jurisdiction and acceptance: Apply to the arbitration committee at the place where the labor contract is performed or where the employer is located. If the materials are incomplete, the applicant will be required to make corrections. The arbitration committee will decide whether to accept the application within five days from the date of receipt of the application.
  • The next steps after the ruling: If you are not satisfied with the ruling, you can file a lawsuit within 15 days and proceed to the first and second instance trials. If the other party fails to fulfill the ruling, you can apply to the court for compulsory enforcement.

III. Professional analysis by Henglue Law Firm

Take a typical case handled by Henglue Law Firm as an example: Chen * joined XX Innovation Company as a front-end development engineer on February 28, 2022, with a monthly salary consisting of a fixed salary of 30,000 yuan and a meal subsidy of 330 yuan. The company failed to pay his salary for the period from January 21 to March 30, 2023, and there were also situations such as unpaid overtime on rest days and failure to arrange annual leave. At the end of January 2023, the two parties agreed to terminate the contract, but the company reneged on the agreement after it was approved. On February 10, the company terminated the labor contract on the grounds of "transferring business to a personal company for profit and maliciously creating a group chat beyond authority". After attorney Tian Jiaoyan took over the case, she comprehensively reviewed the evidence, including the labor contract, employment letter, income tax payment screenshots, home office applications, annual leave and overtime video recordings, and audio CDs, and refuted the company's claims point by point: the company's allegations of part-time work were only supported by screenshots of enterprise information and an unenforced technical service contract, and the screenshots of the work group chat were insufficient to prove serious violations of discipline. The termination lacked factual and institutional basis and constituted an illegal termination. The arbitration committee ultimately ruled that the company should pay a total of 118,879.36 yuan in wages, overtime pay, and compensation for illegal termination. This case fully demonstrated the arbitration process from clarifying claims, calculating amounts, organizing evidence to courtroom cross-examination.

IV. Practical suggestions and legal basis

According to the "Mediation and Arbitration Law of the People's Republic of China on Labor Disputes" (effective May 1, 2008): Article 27 stipulates that the arbitration statute of limitations is one year, starting from the date when the worker knows or should have known that his rights have been infringed. Disputes arising from arrears in labor remuneration during the existence of the labor relationship are not subject to this limitation. If the labor relationship terminates, the claim must be filed within one year from the date of termination; Article 29 stipulates that the arbitration committee shall decide within five days from the date of receipt of the application whether to accept the case; Article 43 stipulates that the award shall be made within 45 days from the date of acceptance, and the case may be extended for not more than 15 days if the circumstances are complex; Articles 48 and 50 stipulate that if the worker is dissatisfied with the award, he may file a lawsuit with the people's court within 15 days from the date of receipt of the award. Practical suggestions: First, fix the evidence and calculate the amounts of all claims (2N compensation, double overtime pay, 300% annual leave pay, etc.) before filing the case; Request all claims rather than omitting some, as adding claims during the trial will be restricted; For cases with large amounts or complex evidence, it is recommended to entrust professional lawyers to handle the entire process. For more information, please refer to the relevant legal provisions.Labor arbitration and legal services for work-related injury compensation.

5. Henglu Law Firm's Advice

The case is handled byTian JiayanAttorney (Practice Certificate No.: 11101202111381309, subject to the certificate issued by the judicial administrative organ). Note: Although arbitration can be applied for on one's own, the design of the request, the calculation of the amount, the organization of evidence, and the level of cross-examination in court directly affect the outcome of the compensation. When the case is complex or the amount is large, it is recommended to hire a lawyer. Moreover, it is necessary to act within the statute of limitations. If the claim is delayed for more than one year after leaving the job, the right to win the case will be lost. Before initiating the procedure, please ask a lawyer to evaluate the strength of the evidence and reasonable expectations, and then decide on the claim approach and negotiation strategy to avoid prematurely filing a lawsuit and locking in the request. For more legal information services, please visitBeijing Henglu Law FirmOfficial website.

Q1: What materials are needed for labor arbitration?

The basic materials include: an arbitration application (submit copies according to the number of respondents, stating the request items, specific amounts, and factual reasons); the applicant's ID card copy; the respondent's business registration information (which can be printed from the Enterprise Credit Information Disclosure System); a list of evidence and supporting evidence, such as labor contracts, bank payroll records, social insurance payment records, attendance records, overtime approval forms, termination notices, chat and recording records, etc. If there is no written contract, work badges, access control attendance records, colleague testimonies, recruitment records, etc. can be used to prove the de facto employment relationship. If the materials are incomplete, the arbitration committee will inform the applicant to make corrections at one time. It is recommended to check the correspondence between the request and the evidence with a lawyer before filing the case to avoid being passive in the courtroom.

Q2: How long does it take to get the money after a labor arbitration?

The arbitration hearing period is within 45 days after acceptance, and it can be extended by 15 days if the case is complex, meaning that the ruling is usually issued within one to two months. If the other party fails to pay within the performance period after the ruling takes effect, they can apply to the court for enforcement, and the enforcement period will vary from one to six months depending on the company's financial situation. Overall, from the application to the actual receipt of the money, it usually takes about two to four months, and it will take longer if the case goes through the first and second instance procedures. For small cases such as claiming labor remuneration, which are subject to final arbitration, workers can also apply for enforcement directly with the ruling, which is a faster process. It is recommended to investigate the company's financial clues during the arbitration stage to prepare for subsequent enforcement, and related enforcement matters can be referred to for reference.Creditor-debtor relations and enforcement of legal services.

Q3: Should I apply for labor arbitration on my own or hire a lawyer?

For cases with clear requests, specific amounts, and sufficient evidence (such as only owing a few months' wages with clear payment records), parties can apply on their own; however, for cases involving illegal termination compensation, disputes over overtime pay and wages, continuous calculation of working years, and work-related injury benefits, the rules for calculating amounts, the allocation of the burden of proof, and courtroom confrontations are relatively professional. The involvement of a lawyer can significantly increase the chances of winning compensation and the amount awarded. Those who are financially struggling can apply for assistance from local legal aid centers. It is recommended to at least consult a lawyer first to assess the likelihood of winning the case, the range of amounts that can be claimed, and the costs involved, before deciding whether to apply on their own or hire a lawyer to represent them. This can help avoid irreversible consequences due to incorrectly formulated requests or missing evidence.

Q4: Can I still apply for arbitration if the statute of limitations has passed?

For applications beyond the statute of limitations of one year, the Arbitration Commission will still accept them, but if the other party raises a statute of limitations defense and there are no grounds for suspension or interruption, the relevant requests will be rejected. The statute of limitations can be interrupted and restarted by asserting rights against the other party, the other party agreeing to fulfill obligations, or applying for arbitration; there is no one-year limitation on claiming labor remuneration during employment, so it is necessary to assert claims promptly after leaving the job. If the statute of limitations is approaching, you can first send a written payment reminder letter and file a complaint with the labor supervision department to fix the evidence of interruption with written records, and then decide whether to arbitrate. Whether there are statute of limitations obstacles and how to determine the starting point vary greatly from case to case. It is recommended that lawyers make specific judgments based on the time of arrears, the time of leaving the job, and the records of claims before taking action.

Q5: What should I do if I'm not satisfied with the arbitration result?

Within 15 days from the date of receipt of the award, the worker may file a lawsuit with the people's court (for cases such as seeking labor compensation where the award is final and binding, the worker can still file a lawsuit, and the employer can only apply for revocation under statutory circumstances). After filing the lawsuit, the case will enter the first-instance procedure, during which the worker can supplement evidence and refine their claims. If the worker is dissatisfied with the first-instance judgment, they can appeal within 15 days from the date of delivery of the judgment. It is particularly important to note that the award will take legal effect if not filed within the time limit, and it will be extremely difficult to overturn it afterwards. Therefore, after receiving the award, the worker should promptly consult a lawyer to assess whether the determination of various claims in the award is reasonable, weigh the necessity of filing a lawsuit, and avoid waiting until the 15th day to make a decision and missing the deadline.

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