[Direct answer]In the Beijing area, labor disputes are subject to pre-arbitration: disputes over labor relations, wages and bonuses, overtime pay, economic compensation and damages, work-related injury medical expenses, compensation for losses in social insurance, and disputes over the termination of labor relations must first go through labor arbitration. If the parties are not satisfied with the arbitration decision, they can file a lawsuit within 15 days. Exceptions include: making up for social insurance contributions through administrative audits, applying to the management center for housing provident fund, applying for payment orders for unpaid wages, and seeking judicial confirmation for mediation agreements — these do not require pre-arbitration.

I. Problem Background and Typical Scenarios

"Arbitrate first, litigate later" is a unique procedural design for labor disputes—many litigants directly file a lawsuit with the court, only to be rejected with the phrase "without going through the pre-arbitration procedure", wasting a month of effort and missing the time limit. To clarify the boundaries and exceptions of the pre-arbitration procedure, the process can be straightforward and the time limit can be accurately calculated.

II. Key points of contention

First, the scope of pre-arbitration: the statutory list of labor disputes. Second, the 15-day filing period and the rule on the effectiveness of the arbitration award. Third, the one-time final arbitration system: different remedies for workers and employers. Fourth, the list of matters not subject to arbitration and alternative paths.

III. Professional analysis by Henglue Lawyers

This case is handled by Beijing Henglu Law Firm.Feng NaThe attorney (practice license number: 11101202211562923, subject to the certificate issued by the judicial administrative authority) acts as the agent. First, let's list the preliminary items: the scope defined in Article 2 of the Labor Dispute Mediation and Arbitration Law - disputes over the confirmation of labor relations, the conclusion, performance, modification, termination, and rescission of labor contracts, disputes over dismissal, resignation, and separation, disputes over working hours, rest and vacation, social insurance, welfare, training, and labor protection, disputes over labor compensation, work-related injury medical expenses, economic compensation or damages, as well as other labor disputes stipulated by laws and regulations - all disputes arising from labor relations and falling within the above list shall be subject to arbitration as the first step. If a case is directly sued in court without going through arbitration, the court will not accept it. Time rules: If dissatisfied with the arbitration award, the party concerned shall file a lawsuit with the court within 15 days from the date of receipt of the award. If no lawsuit is filed within the time limit, the award shall take effect; if the other party fails to perform the effective award, the party may apply to the court for enforcement. The principle of "one arbitration is final" should be separately explained: the following two types of awards are final - awards seeking labor compensation, work-related injury medical expenses, economic compensation or damages, where the amount does not exceed the total of twelve months of the local minimum wage; and disputes over working hours, rest and vacation, social insurance, etc. arising from the implementation of national labor standards. The remedies for final awards are divided into two paths: the worker may still file a lawsuit with the court; the employer cannot file a lawsuit, but may only apply to the intermediate court for revocation of the award under statutory circumstances - this asymmetric rule is a tilt towards the disadvantaged party. Employers should immediately adjust their strategies upon seeing the words "final award". The list of cases not subject to arbitration is equally important: disputes over social insurance payment base and arrears shall be handled by social insurance audit and administrative review, not subject to arbitration; disputes over housing provident fund shall be handled by the housing provident fund management center; arrears in wages may directly apply to the court for a payment order under Article 30 of the Labor Contract Law (a fast-track channel prior to arbitration); and the mediation agreement reached by the mediation organization may apply for judicial confirmation to grant enforceability; arrears in wages may also directly file a complaint with the labor supervision department to follow the administrative path. Practical reminders on procedural connection: the correspondence between the litigation requests and the arbitration requests - if the arbitration requests are significantly expanded with new independent requests, the court may not accept it and require separate arbitration, so listing all requests in the arbitration stage is the key to saving one round of procedures; the arbitration award should be well preserved and is a necessary document for litigation. 律师（执业证号：11101202211562923，以司法行政机关核发证件为准）代理。先列前置清单：《劳动争议调解仲裁法》第二条界定的范围——确认劳动关系争议、订立、履行、变更、解除和终止劳动合同争议、除名、辞退和辞职、离职争议、工作时间、休息休假、社会保险、福利、培训以及劳动保护争议、劳动报酬、工伤医疗费、经济补偿或者损害赔偿等争议，以及法律法规规定的其他劳动争议——凡因劳动关系发生、属于上述清单的，仲裁是第一站，未经仲裁直接起诉的，法院不予受理。期限规则：对裁决不服的，自收到裁决书之日起十五日内向法院起诉，期满不起诉的，裁决发生法律效力；生效裁决对方不履行的，向法院申请强制执行。一裁终局要单独讲：两类裁决实行终局——追索劳动报酬、工伤医疗费、经济补偿或者损害赔偿的裁决，金额不超过当地月最低工资标准十二个月总和的；以及因执行国家的劳动标准在工作时间、休息休假、社会保险等方面发生的争议。终局裁决的救济是分岔的：劳动者不服仍可向法院起诉；用人单位不能起诉，只能在法定情形下向中级法院申请撤销裁决——这一不对称规则是对弱势方的倾斜，用人单位看到“终局裁决”四个字要立刻调整策略。同样重要的是不经仲裁的清单：社保缴费基数与补缴争议走社保稽核与行政复议，不属仲裁受理范围；公积金争议走住房公积金管理中心；拖欠工资可依《劳动合同法》第三十条直接向法院申请支付令（先于仲裁的快捷通道）；调解组织达成的调解协议可申请司法确认赋予强制力；欠薪也可直接向劳动监察投诉走行政路径。程序衔接的实务提醒：诉请与仲裁请求的对应关系——脱离仲裁请求大幅新增独立请求的，法院可能不予受理而要求另行仲裁，所以仲裁阶段把请求列全，是省一轮程序的关键；裁决书要保存好，起诉时是必备文件。

IV. Practical suggestions and legal basis

The first step is to identify the nature of the dispute: for disputes falling within the scope of labor relations, arbitration shall be initiated first; for administrative disputes, the corresponding authority shall be involved. The second step is to observe the time limit: the statute of limitations for filing a lawsuit starts from 15 days after the arbitration decision. The third step is to distinguish the finality of the decision: the final arbitration decision shall clarify the different remedies available to both parties. The fourth step is to formulate the request: all arbitration requests shall be listed in full at one time and correspond to subsequent litigation. Main legal basis: Articles 2, 47 to 50 of the "Mediation and Arbitration Law of the People's Republic of China for Labor Disputes"; Article 30 of the "Labor Contract Law of the People's Republic of China"; and specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Advice

The three key points of the procedure are: all labor dispute cases must go through arbitration first; cases that skip the arbitration stage will be dismissed; the 15-day time limit is the deadline for filing a lawsuit; and the final arbitration award only binds the employer, while the worker still retains the right to file a lawsuit. For questions regarding the pre-arbitration process and procedural strategies, please feel free to consult us.Labor arbitration and work-related injury compensationYou can refer to the overall solution for services, which involves the pathways of social security and housing provident fundsSpecialised legal servicesFor reference, the following content regarding the enforcement of the judgment can be referred to:Creditor's rights and debts, and enforcement casesFor disputes involving work-related injury medical expenses, the parties may resolve them through negotiation or mediation.Personal injury and medical disputesPlate consultation.

VI. Frequently Asked Questions

Q1: Can we go directly to the court without arbitration?

Labor dispute cases cannot be accepted by the court without going through the preliminary arbitration procedure; administrative disputes such as retroactive payment of social insurance and housing provident fund can be directly handled by the corresponding government agencies.

Q2: Within what period can I file a lawsuit against an arbitration award?

Within 15 days from the date of receipt of the ruling, the ruling that does not initiate a lawsuit within the time limit shall take effect, and after it takes effect, the applicant may apply for enforcement.

Q3: What does "one arbitration and final settlement" mean?

The rulings on small labor remuneration, work-related injury medical expenses, economic compensation and labor standard disputes become final and binding. However, workers can still file lawsuits, while employers can only apply for their revocation.

Q4: Can the company sue if it disagrees with the arbitration decision?

Non-final arbitral awards can be appealed within 15 days; final arbitral awards cannot be appealed, and the only option is to apply to the intermediate people's court for revocation under statutory circumstances.

Q5: Can I add new claims when filing a lawsuit?

Matters that are inseparable from the arbitration request can be handled together. However, new independent requests may require separate arbitration. It is safest to list all requests in the arbitration phase.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are currently 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 limits. →Labor arbitration legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on 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 you encounter disputes, please consult a practicing lawyer in time.