[Direct answer]To apply for labor arbitration, you need to prepare three types of materials: First, procedural materials, including the arbitration application form (submit copies according to the number of respondents), a copy of your ID card, and the enterprise credit information disclosure report of the employing unit; Second, evidence of labor relations, including labor contracts, work badges and access control systems, social insurance and personal income tax payment records, and employment notifications; Third, evidence corresponding to the claims, such as bank statements and pay slips for unpaid wages, termination notice for claims of compensation for illegal termination, and attendance and shift records for overtime pay claims. According to Article 27 of the Labor Dispute Mediation and Arbitration Law (effective May 1, 2008), the statute of limitations for arbitration is one year. For evidence such as attendance records and pay slips held by the employer, you can apply to the arbitration tribunal to order the employer to submit them. For a list of materials, please consult the relevant authorities.Labor arbitration and legal services for work-related injury compensationAndBeijing Henglu Law Firm.

1. Problem background and typical scenarios

Arbitration is a statutory preliminary procedure for labor disputes, and the quality of material preparation directly determines the speed of case filing and the outcome of the arbitration. The most common dilemmas include: being owed wages, being unlawfully dismissed, or being emotionally upset after a work-related injury; not knowing where to start when applying for arbitration for the first time; being notified to supplement materials when the materials are incomplete, wasting time on repeated submissions and missing the mediation window; key evidence such as attendance records and wage payment records being held by the company, making it impossible for individuals to obtain evidence; claiming high compensation based solely on verbal agreements, which lacks legal proof in court. In addition, problems such as incorrectly identifying the respondent, unclear arbitration requests, and evidence disconnected from the requests may result in minor cases requiring supplementary materials or major cases being dismissed and then re-applied, wasting a year's statute of limitations. Organizing materials into a checklist and organizing evidence according to the requests is the first lesson in labor arbitration.

II. Key points of dispute

  • The accuracy of the subject and the request: The respondent may make a mistake, such as suing the affiliated company instead of the unit that signed the labor contract or actually employed the worker; the amount of the arbitration request and the subject matter may be unclear, which may lead to the arbitration being dismissed or rejected and then re-applied for, with the risk of the statute of limitations coming into play.
  • The integrity of the chain of evidence: the three layers of evidence, namely labor relations, wage standards, and disputed facts, are indispensable; the evidence related to the disputed matters is in the possession and management of the employer, and the employer shall provide it. If the employer fails to provide it, they shall bear the adverse consequences (Article 6 of the Labor Dispute Mediation and Arbitration Law).
  • Time limit and strategic arrangements: The general time limit is one year (Article 27 of the Labor Dispute Mediation and Arbitration Law), and the claim for labor remuneration is not limited during employment and can be raised within one year after leaving the job. The order and completeness of the organization of materials also directly affect the mediation leverage and the direction of the adjudication.

III. Professional analysis by Henglue Lawyers

The level of evidence organization directly determines the upper limit of the arbitration outcome. In a case heard by the Chaoyang District Labor and Personnel Dispute Arbitration Committee in Beijing, Li * was employed by a software company as a development engineer on April 24, 2014, with a monthly salary of 5,000 yuan for basic pay, 8,400 yuan for position pay, and 3,400 yuan for performance pay. His average monthly salary over the 12 months prior to his departure was 17,314.42 yuan. On September 9, 2025, the company terminated his employment on the grounds that he had been late or left early 57 times within three months and had seriously violated the attendance management system. Li * entrusted Tian Jiaoyan, a lawyer from Beijing Henglue Law Firm, to apply for labor arbitration, requesting compensation of 402,691.82 yuan for the unlawful termination of his labor contract and the issuance of a termination notice. The company submitted gate access records from April 1 to June 30, 2025 as evidence of his violations; Tian Jiaoyan, however, submitted the company's attendance notification emails from February to August 2025, proving that the actual attendance records were from WeCom punch-in rather than the gate access records, as the latter only reflected personnel entry/exit, including situations such as going downstairs to retrieve materials or attending business meetings, which were controlled by the company's administrators and lacked Li *'s confirmation, raising doubts about their authenticity. The company also failed to provide evidence of having given Li * any prudent warnings or reminders regarding the alleged 57 instances of tardiness. The arbitration committee accepted the lawyer's arguments, ruling that the termination was unlawful. Based on Article 48 and Article 87 of the Labor Contract Law of the People's Republic of China, combined with Li *'s 11.5-year work tenure and average monthly salary of 17,314.42 yuan, the arbitration committee ordered the company to pay compensation of 398,231.66 yuan and issue a termination notice in accordance with Article 50 Paragraph 1. This case demonstrates that basic materials such as labor contracts and salary records form the foundation for claims, while targeted evidence like attendance emails and chat screenshots can refute the opposing party's arguments. Both types of evidence are indispensable.

IV. Practical suggestions and legal basis

Procedural basis: Article 28 of the "Labor Dispute Mediation and Arbitration Law" stipulates that an application for arbitration shall be submitted in writing and copies shall be provided according to the number of respondents. The application shall include the parties' information, the arbitration request and the factual grounds on which it is based, as well as evidence and the sources of the evidence; Article 29 stipulates that within five days after receiving the application, the arbitration tribunal shall decide whether to accept it; Article 30 stipulates that the respondent shall submit a defense statement within ten days; Article 43 stipulates that the case shall be concluded within 45 days, which may be extended by 15 days; Article 50 stipulates that if the party is not satisfied with the arbitration award, he/she may file a lawsuit within 15 days from the date of receiving the award. List of materials according to practical guidelines: - Main materials include: copy of ID card, enterprise credit information disclosure report (printed from the National Enterprise Credit Information Disclosure System), and a separate power of attorney for the attorney; - Evidence materials shall be arranged in three layers according to labor relations, wage standards, and disputed facts, and an evidence list shall be prepared in multiple copies, with the original kept for reference. Scene-specific tips: - For claims of unpaid wages, prepare wage slips, pay stubs, and chat records of payment reminders; - For claims of unlawful termination, prepare termination notices and recording of conversations; - For claims of overtime pay, prepare attendance records, shift schedules, overtime approval documents, and screenshots of work group chats; - For claims of work-related injury benefits, first complete the work-related injury identification and labor capacity assessment. After the arbitration award, if the company fails to perform its obligations within the time limit, the claimant may apply to the court for enforcement. For more details, please refer to the relevant provisions of the Civil Procedure Law of the People's Republic of China.Creditor-debtor relations and enforcement case servicesFor cases with complex evidence or large sums involved, it is recommended to consult a lawyer before filing a lawsuit.Labor arbitration and legal services for work-related injury compensationThe team reviewed the materials once again.

5. Henglu Law Firm's Reminder

The essence of preparing materials is to translate "I have been wronged" into "facts that can be proven by evidence". Three reminders: First, the right to file a case should not be compromised. After filing a case, evidence can still be supplemented, but key evidence such as attendance records and chat logs should be exported and fixed as soon as possible to prevent the closure of permissions after resignation. Second, electronic evidence should retain its original carrier. Do not clear the original mobile phone and computer data. When necessary, make screenshots and notarize them. Third, the claims should be specific to the amount and calculation method. Vague requests will not only affect the acceptance of the case but also weaken the bargaining power in mediation. The above-mentioned case of illegal termination compensation was handled by Beijing Henglu Law Firm.Tian JiayanThe attorney (practice license number: 11101202111381309, subject to the documents issued by the judicial administrative organ) acts as the agent, and all of the client's core arbitration claims have been supported. If you are preparing arbitration materials, it is recommended that you conduct a self-check against the checklist before filing the case. You can start with the following steps first.Beijing Henglue Law FirmMake an appointment for an assessment.

Q1: If I haven't signed a labor contract, can I apply for labor arbitration?

Yes. Factual labor relations are also protected, and evidence chains can be formed based on items such as bank account statements of wages, attendance records, work badges, chat records in work groups, and records of social insurance or personal income tax payments. The identification criteria can be referred to the "Notice on Establishing Labor Relationships" (Labor and Social Security Ministry, No. 12, 2005), issued on May 25, 2005: If an employer hires a worker without signing a written contract, and at the same time, the employer has legal qualifications, accepts labor management, engages in paid labor, and the work belongs to the constituent parts of the employer, the labor relationship is established. If no written contract is signed, the worker can also claim double the wage difference for each month from the date of employment to less than one year according to Article 82 of the Labor Contract Law.

Q2: Do I have to pay for applying for labor arbitration myself?

Arbitration is free of charge. According to Article 53 of the Labor Dispute Mediation and Arbitration Law, labor dispute arbitration is free of charge. The arbitration committee's funds are guaranteed by the government, and there is no need to pay fees for filing, trial, or adjudication. The possible costs mainly include the attorney's fees, which are generally borne by the client; those who meet the legal aid conditions and are economically disadvantaged can apply to legal aid agencies for free lawyer assistance. Compared with the dispute amounts often reaching tens of thousands of yuan, arbitration is almost the lowest-cost legal channel for safeguarding rights. It's more meaningful to prepare the application, evidence list, and calculation details in advance than to worry about the cost.

Q3: How long will it take to get the results after submitting the materials?

After receiving the application, the arbitration committee shall decide within five days whether to accept it (Article 29 of the Labor Dispute Mediation and Arbitration Law), and shall conclude the case within 45 days after accepting it. If the case is complex, it may be extended by 15 days with approval (Article 43), meaning that the average case will take about one to two months to reach a verdict. The respondent shall submit a defense statement within ten days after receiving a copy of the application (Article 30). If dissatisfied with the verdict, the applicant may file a lawsuit with the court within 15 days from the date of receiving the verdict (Article 50). In cases of final and binding arbitration, only the worker may file a lawsuit. Generally, the entire arbitration process takes three to four months. If the materials are complete and the claims are clear, it can significantly reduce the need for corrections and extensions.

Q4: What evidence is most likely to be missing, leading to a loss in the lawsuit?

There are three types of evidence for common disputes: 1. Evidence of wage standards: For cases where there is only an oral agreement on monthly salary, it is necessary to corroborate it with pay slips, salary stubs, and personal income tax records. 2. Evidence of the basis for disciplinary dismissal: If the company terminates an employee for serious violations of company rules, the company should keep the public notice of the disciplinary system and the receipt records. Employees can apply to the arbitration tribunal under Article 6 of the Labor Dispute Mediation and Arbitration Law to order the company to submit the relevant evidence. If the company fails to provide it, the company will bear the adverse consequences. 3. Evidence of overtime work: Attendance records, shift schedules, overtime approval documents, work group chat records, and screenshots should be exported and preserved in advance. For electronic evidence such as WeChat records and emails, it is recommended to take screenshots and record videos simultaneously, and to keep the original copies on mobile phones and computers.

Q5: Can I still apply for arbitration if I've been out of work for over a year?

It depends on the specific circumstances of the case. According to Article 27 of the Labor Dispute Mediation and Arbitration Law, the statute of limitations for arbitration is one year, starting from the date when the party knows or should have known that their rights have been infringed. However, if a dispute arises over unpaid labor compensation during the continuation of the labor relationship, the one-year statute of limitations does not apply. If the labor relationship terminates, the claim must be filed within one year from the date of termination. Claims for economic compensation and damages are typically calculated from the date of termination or dissolution. The statute of limitations may be interrupted and restarted if the party asserts their rights against the other party, seeks relief from relevant departments, or if the other party agrees to fulfill their obligations. Maintaining reminder letters and complaint records can renew the statute of limitations. Failure to file a claim within the time limit does not necessarily result in a loss, but once the other party raises the statute of limitations defense, the risk of losing the case will significantly increase.

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 Jiaoyan·Beijing Henglu Law Firm